LOUDOUN COUNTY'S TOP-RATED LAWYERS Family Law

What is family law?
I define family law as the area of law that addresses legal issues involving family relationships, including divorce, custody, support, adoption, and related matters.

How do I start the divorce process?
To start a divorce, I file a petition with the family court in the state where I or my spouse meet the residency requirements, and then serve the papers on my spouse.

What is the difference between legal separation and divorce?
Legal separation lets me live apart with court-approved terms while remaining legally married, whereas divorce ends the marriage completely.

How long does a typical divorce take?
The timeline varies by state and complexity, but most divorces take several months at a minimum and longer if contested.

Do I have to disclose all my financial information in a divorce?
Yes, I must disclose all income, assets, and debts so the court can fairly divide property and determine support.

What factors do courts consider when deciding child custody?
When courts decide custody, I know they look at the child’s best interests, including each parent’s ability to care for the child and promote a stable environment.

What is the difference between physical and legal custody?
Physical custody refers to where the child lives, and legal custody refers to who makes major decisions about the child’s health, education, and welfare.

Can parents create their own custody and visitation agreement?
Yes, I can create an agreement with the other parent, and if the court approves it, that agreement becomes enforceable.

How is child support calculated?
Child support is usually calculated based on both parents’ incomes, the number of children, and other factors like childcare and health insurance costs.

Can child support orders be modified?
I can ask the court to modify child support if there has been a substantial change in circumstances since the original order.

What is spousal support (alimony)?
Spousal support is financial support one spouse may be ordered to pay to the other based on income disparity and length of marriage.

How are marital assets and debts divided in divorce?
In divorce, I know courts distribute marital property equitably, which does not always mean equally, and consider factors like contributions to the marriage.

What if my spouse is hiding assets?
If I believe my spouse is hiding assets, I can request discovery and financial disclosures and seek forensic accounting to uncover hidden assets.

Do all divorces go to court?
No, many divorces are resolved through negotiation, settlement, or mediation without a full trial.

What is mediation in family law?
Mediation is a process where I and the other party work with a neutral mediator to resolve disputes and reach agreements without court intervention.

How does a parenting plan differ from a custody order?
A parenting plan is a detailed schedule and set of rules for co-parenting, and when approved by the court, it becomes part of the custody order.

What happens if the other parent doesn’t follow a custody order?
If the other parent violates a custody order, I can file an enforcement motion and ask the court to hold them in contempt.

What is a protective order?
A protective order is a court order that limits contact between me and another person to protect safety in domestic violence or abuse situations.

How do I establish paternity?
To establish paternity, I can file a petition and, if necessary, request genetic testing to legally recognize parental rights and responsibilities.

What steps are involved in adoption?
Adoption involves filing a petition, completing required background checks and home studies, and attending a court hearing for final approval.

Can grandparents seek visitation rights?
In some states, I know grandparents may petition for visitation, especially when it is in the child’s best interest.

What if I want to relocate with my child after a custody order?
If I plan to move out of the area with my child, I usually must file a petition and show the move is in the child’s best interest.

Can a divorce decree be changed after it is final?
Yes, I can request the court modify a final decree if there’s a significant change in circumstances.

What is the difference between collaborative law and litigation?
Collaborative law focuses on negotiated agreements with professionals, while litigation involves formal court proceedings and judge rulings.

How do courts handle retirement accounts or pensions in divorce?
Courts often divide retirement accounts using specific orders such as Qualified Domestic Relations Orders to allocate benefits between spouses.