Disagreements between spouses and co-parents can be volatile and stressful, and sometimes they cannot be resolved without legal action. Understandably, many people faced with family law disputes are apprehensive about the potential consequences of an adverse outcome in a lawsuit. Thus, Virginia residents dealing with a family law issue should speak to an attorney regarding the steps that they can take to protect their interests. The Fairfax family law lawyers at Robinson Law possess the knowledge and resources needed to help you seek a favorable result, and we will fight diligently on your behalf. We represent people in a variety of family law matters in Northern Virginia.Asserting Your Rights in a Family Law Dispute
Any issue that affects the legal status of a person’s familial relationships falls under the umbrella of family law. Common examples of family law issues that Virginia residents may face include divorce, child custody, and child and spousal support.
To file for a divorce in Virginia, at least one spouse must have lived in Virginia for a minimum of six months prior to when the divorce petition was filed. Virginia, like many states, allows for both no-fault and fault-based divorces. In a no-fault divorce, the party seeking the divorce essentially alleges that the marriage is irretrievably broken, but neither spouse caused the downfall of the marriage. In a fault-based divorce, by contrast, the person seeking the divorce alleges that the actions of his or her spouse led to the end of the marriage. Virginia law lists the specific acts and behaviors that allow a party to seek a fault-based divorce. Our family law attorneys can advise Fairfax residents on whether a no-fault or fault-based divorce may be more appropriate in their case.
In many divorce cases, a couple will need to resolve the division of any shared property, and they also will need to determine how custody of any children should be divided. In Virginia, a court’s primary concern in custody cases is what is in the best interests of the child. As a result, the court will look at factors such as the age and physical and mental condition of the child and the parents, the role that each parent has historically taken in caring for the child, and the child’s needs. In cases in which the child is old enough to form a reasoned opinion, the court may consider the child’s preference as well. A court may issue an order providing for joint legal custody, joint physical custody, or sole custody, and there is no presumption that any custody arrangement is most appropriate.
Another important issue that our Fairfax family law attorneys can help you resolve is the question of whether one parent should be obligated to pay child support to the other parent. Parents are obligated under the law to financially support their children, regardless of whether the parents were married. As a result, in many instances in which parents share custody of a child, one parent will be required to pay child support to his or her co-parent. Virginia employs what is known as an income shares method for calculating child support, which means that the court will determine the amount of each parent’s income that would be used to support the child if the parents lived in the same household, and then the court will use that number along with statutory guidelines to determine an appropriate amount of support. The court can deviate from the guidelines, however, if it deems a deviation necessary under the circumstances.Discuss Your Case with a Dedicated Northern Virginia Attorney
Family law disputes often cause strong emotions and lead to complicated litigation. Based in the Fairfax area, the dedicated family law lawyers at Robinson Law are proficient at navigating the Virginia courts, and we can develop a strategy to help you strive for the best legal result available under the circumstances. We assist spouses and parents throughout Northern Virginia, and we have offices located in Fairfax and Manassas. We can be reached at (888) 259-9787 or through our online form to set up a meeting.