Charlottesville Divorce Attorney
Representing Clients in Divorce Proceedings
Ending a marriage is never easy, but how you approach the divorce process and who you have representing you can make a big difference in how stressful the process is. At Seiden Legal Group, PLLC, we handle all the legal legwork to make it as easy as possible. Our attorney has extensive experience with all types of family law matters in Virginia and is here to help.
Do You Need to Declare a Reason for Divorce in Virginia?
Virginia law requires that couples specify the grounds for their divorce as part of the legal process. Some of the options include adultery, cruelty, and abandonment. However, it’s also possible to file for a no-fault divorce, which means the marriage is not recoverable. In most cases, you must have lived separately from your spouse for one year to file for a no-fault divorce. This waiting period can be shorter if the marriage did not result in any children and the couple already has a separation agreement.
What Matters Are Determined During Divorce Proceedings?
Divorce proceedings’ main goal is to legally separate the parties’ lives. This includes determining issues such as:
- Property division, including both assets and debts
- Child custody
- Child support
- Spousal support
Some divorces are more straightforward than others. For example, a couple with minimal assets and no children together will not need to discuss as much as a couple who has been married for 20 years and has three children. If you’re not sure what will need to be a part of your divorce settlement, talk to a family law attorney.
What Is the Difference Between a Contested and Uncontested Divorce?
A divorce case can involve either a contested or an uncontested filing. An uncontested divorce means that both parties agree that the divorce should happen and have been able to agree to all of the terms. This includes things like property division, child custody, child support, and spousal support. If there is any point of contention that cannot be resolved through negotiations or an alternative avenue, such as mediation, the divorce is considered contested
Is Mediation an Option?
Many couples do not consider the possibility of mediation because they believe they are too far apart on the essential issues to be able to come to an agreement. However, mediation is often successful, and you will have the guidance of your attorney during the entire process. The key lies in the mediator, who is a neutral third party with special training in conflict resolution. A mediator can help facilitate the discussion to keep things calm and productive, and the structured process can be beneficial for many clients.
If you’re considering ending your marriage, it is vital to talk to a family law attorney as early on in the process as possible to ensure you understand your rights and what you’re entitled to. Contact Seiden Legal Group, PLLC, to schedule a consultation today.