Getting a divorce will be an incredibly challenging time. Besides the complicated legal process, emotions run high and the future can feel uncertain. Having a trusted family law attorney by your side for guidance and advocacy could ease your burden and help you move on with your life.
At Ashwell & Ashwell, our attorneys have years of experience assisting individuals and families navigate every stage of the process. We understand the emotional turmoil and financial strain that comes with it, and we approach each case with compassion. A Culpeper divorce lawyer from our firm could protect your rights, assets, and future.
Virginia allows a divorce on either fault-based or no-fault grounds. No-fault divorces typically require a period of separation, which is one year for spouses with minor children, or six months if there are no kids, and a separation agreement is in place. In contrast, a fault-based divorce may arise from accusations of adultery, desertion, or a felony conviction.
The process begins when one spouse, usually through their attorney, files a divorce complaint in the local Circuit Court. From there, both spouses must address how to divide their property, spousal support, and child custody if necessary. Some couples are able to reach an amicable agreement through negotiation or mediation, while others rely on the court to resolve disputes. Our skilled legal team could explain each step in the procedure and advocate for a fair resolution.
Virginia follows the principle of equitable property division, meaning marital assets are split fairly, and not necessarily equally. Assets subject to this could include real estate, business interests, and even debts accumulated during the marriage.
Determining what counts as marital property often causes arguments. Our divorce team in Culpeper could review financial documents, property titles, and valuations to completely understand the marital estate before separation. We could advocate for an outcome that fully reflects each side’s contributions to the family and their future needs.
Alimony, also called spousal support, is not automatic. Rather, the judge may award it depending on the length of the marriage, each spouse’s earning capacity, and the standard of living established during the relationship. Our lawyers could provide advice for those seeking support or contesting a request.
If children are involved, their well-being is the court’s number one priority, and custody and visitation decisions are made in the best interests of the child. Judges may consider several factors, such as the relationship with each parent, the stability of each household, and the parents’ ability to cooperate and meet the child’s needs.
The court calculates child support using statutory guidelines found under Virginia Code § 20-108.2. These include both parents’ monthly income, childcare costs, and medical expenses. Of course, things change over time, so the judge may modify the arrangement if one parent experiences a significant shift in their income or living situation. A compassionate divorce attorney in Culpeper could ensure that this remains fair and enforceable.
Ending a marriage also marks a new beginning. Though the procedure is complex and can feel overwhelming, you do not have to deal with it by yourself. At Ashwell & Ashwell, we could help resolve disputes, so you and your ex-spouse could move on in peace.
If you are considering one or have already started the process, contact a Culpeper divorce lawyer today to schedule a confidential consultation. The team at Ashwell & Ashwell is ready to guide you through each stage and help you build a stable foundation for your future.
