Divorce

We have years of experience with contested divorce cases under each of the fault-based grounds in Texas, including adultery, cruelty (mental or physical), desertion (actual or “constructive”), and felony conviction and confinement in excess of one year. We also handle uncontested divorces.

Contested vs. Uncontested. A “contested divorce” is one in which the parties are in disagreement about one or more issues, such as spousal support, child custody or visitation, child support, etc. A contested divorce is not necessarily a fault-based divorce; in fact, many contested divorces are filed on no-fault grounds. An “uncontested divorce” is one in which the parties have no outstanding custody, support, property, or other issues to be resolved. An uncontested divorce is almost always filed on the no-fault ground of separation.

Adultery. The adultery ground requires proof by “clear and convincing evidence” of sexual intercourse outside the marriage. A divorce may also be granted on proof of sodomy or buggery committed outside the marriage. Unlike some other divorce grounds, there is no waiting period before filing on the ground of adultery. Adultery can be very difficult to prove, but if proven may have serious financial implications in the divorce, at least on the issue of spousal support.

Cruelty. The cruelty ground requires proof of “cruelty or reasonable apprehension of bodily hurt.” Acts of physical violence and conduct that endanger the life, safety, or health of one’s spouse will constitute cruelty. Abusive language, humiliating statements, and repeated neglect can also constitute cruelty. While cruelty is typically proven by evidence of a succession of acts, a single act of cruelty is sufficient if it is a very serious act. A spouse’s abuse of alcohol does not constitute cruelty unless it is coupled with other misconduct. A final divorce cannot be granted on the ground of cruelty until one year has elapsed since the acts of cruelty.

Desertion. The desertion or abandonment ground requires proof that a spouse broke off the matrimonial cohabitation with an intent to desert. Desertion does not occur when the husband and wife mutually agree to separate. “Constructive desertion” may be found where a spouse refuses to engage in sexual intercourse, without justification, while also failing to fulfill other significant marital duties. A final divorce cannot be granted on the ground of desertion until one year has elapsed since the desertion or abandonment.

Spousal Support. Spousal support issues arise in divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult. Our family lawyers are intimately familiar with the factors considered by courts in establishing spousal support, and with the important tax consequences often intertwined with alimony.

Equitable Distribution. Virginia is an equitable distribution state, meaning that the court has the authority in any divorce to classify the property of the parties as separate, marital or hybrid, to distribute any jointly owned marital property between the parties, and to grant a monetary award to either party to ensure an “equitable distribution” of marital property and debts. Our divorce lawyers are experienced with every type of equitable distribution case, including complex and high value cases.

Military Divorce. Military divorce cases involve a complex intersection of federal and state law, offering special challenges for divorcing servicemembers, spouses, and their attorneys. Led by a former Navy JAG, our attorneys are intimately familiar with the unique issues that arise in these cases.

Federal Retirement Division. When facing divorce, both federal civilian government employees and their spouses need to be familiar with how their retirement accounts are structured, funded, and ultimately, how they could be affected by a divorce. Our attorneys have years of experience with separation and divorce cases involving federal civilian government employees.

Separation Agreements. Unlike many other states, Virginia does not have legal separations granted by courts. However, a husband and wife may enter into a separation agreement, stipulating that they will live separate and apart and divide their property and debts in a mutually acceptable way. These agreements typically include provisions resolving any other outstanding issues of the parties, such as child custody and visitation, child support and spousal support. With such an agreement in place, once the parties have separated and lived apart for the appropriate time (six months with no minor children, twelve months with minor children), either party may then file for an uncontested divorce on the ground of separation. Our attorneys have years of experience in the drafting and negotiation of separation agreements.

Child Custody and Visitation. Our attorneys are veterans of many tough custody battles, fighting on behalf of mothers, fathers and grandparents in custody cases across Northern Virginia. We have expertise both with initial custody determinations and also cases involving relocation of custodial parents or modification of prior court orders. We are also experienced with cases involving home studies, custody evaluators, and guardians ad litem.

Child Support. Child support cases in Virginia range from very simple matters involving routine application of the Virginia child support guidelines, to very complex cases involving the imputation of income to a party who is voluntarily unemployed or underemployed. Our attorneys are experienced in handling every type of child support case in the courts of Northern Virginia.

Protective Orders. The Virginia Code authorizes courts to issue emergency protective orders, preliminary protective orders and protective orders, which are all aimed at “family abuse,” including abuse of household members. Virginia courts can also enter protective orders to protect children from harm, even where the harm does not rise to the level of family abuse. These orders differ from each other; some may be entered more quickly than others, and they all provide different remedies. Our lawyers have years of experience representing both parties in protective order cases.

Premarital Agreements. A premarital agreement or “prenup” protects the premarital assets of one or both parties and allows a couple to contemplate the division of assets prior to the marriage. Despite the widely held belief that prenups are only for the rich and famous, a premarital agreement is something that every marrying couple should consider. Our attorneys are experienced in drafting, reviewing and negotiating prenups under Virginia law.