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WANT A DIVORCE BUT UNCERTAIN ON HOW TO PROCEED?
Divorce is a complicated process due to which many are discouraged from going ahead with it. Our Divorce Lawyers of Stafford, VA make it simple and will not only guide you but also update about the recent amendments to the Family Laws in Virginia. Therefore, get in touch with The Law Offices of SRIS, P.C.
IS THE PROCESS FOR FILING DISSOLUTION OF MARRIAGE TIRESOME?
The dissolution of marriage in Stafford is complex and will leave you exasperated and frustrated. With a divorce, you are not only grieving emotionally but are also overburdened with complexities involved in filing the divorce. The divorce lawyer you engage for your case in Stafford, VA will decide on the best strategy for filing your case. Proceeding without the expertise of Divorce Lawyers of Stafford, VA can prove to be an expensive mistake and can lead to undesirable consequences.
The Lawyers at The Law Offices of SRIS, P.C. VA will navigate you through the various complications around the process for filing for dissolution of marriage!
Our Practice Areas
Alimony
Alimony
Annulment
Annulment
Child Custody & Visitation
Child Custody & Visitation
Child Support
Child Support
Divorce
Divorce
Domestic Violence
Domestic Violence
Legal Separation
Legal Separation
Military Divorce
Military Divorce
Prenuptial Agreements
Prenuptial Agreements
Protective Orders
Protective Orders
Separation
Separation
PROVING THE GROUNDS TO DISSOLVE THE MARRIAGE MIGHT BE CHALLENGING!
On seeking assistance, a Divorce Lawyer in Stafford, VA would inform you that the dissolution of marriage from the bond of matrimony is legally referred to as ‘a vincula matrimonii’. Be informed by a lawyer in Stafford, VA that dissolution of marriage is granted where a spouse deserts or abandons the marriage for more than 1 year or more than 6 months in case the couple have no minor children and have signed a property settlement agreement.
DIVORCE LAWYERS ASSIST YOU IN FILING FOR DISSOLUTION OF MARRIAGE ON THE FOLLOWING GROUNDS:
- If the spouse willfully deserts or abandons the marriage for more than 1 year, or
- If the other spouse is guilty of a felony conviction and was imprisoned for at least 1 year
- Other grounds such as adultery, sodomy or buggery
Obtaining dissolution in Stafford, VA based on a felony conviction of a spouse and willful desertion by a spouse is easy. Divorce Lawyers of Stafford, VA will apprise you that the actual challenge lies in proving the grounds of adultery, sodomy, and buggery as it requires strict and conclusive evidence to dissolve a marriage on such grounds.
These grounds to divorce can only be proved with the help of a clever and skilled Lawyers in Stafford, VA.
THE CHALLENGES INVOLVED
The lawyers of Stafford, VA acknowledge that proving grounds of adultery, sodomy or buggery is not easy.
These grounds involve serious allegations, thus the burden of proof is quite high. The Lawyers in Stafford, VA will caution you about how the Virginia courts demand strict and convincing evidence to prove these grounds. Mere accusations are not sufficient for divorce in Stafford, VA, concrete proof is required.
Adultery:
Divorce Lawyers of Stafford, VA will tell you that adultery is the voluntary act of sexual intercourse by one spouse with a third party. To establish that the spouse is guilty of such an act, the plaintiff has to establish that the spouse had voluntarily engaged in sexual intercourse with another person. Lawyers in Stafford, VA will provide you professional advice as to what constitutes authentic proof of the adulterous act.
The Lawyers in Stafford, VA will apprise you that digital evidence such as text messages or e-mails revealing the spouse’s act of sexual intercourse with another person is admitted by the courts as evidence of adultery. Private investigators are hired by the Divorce Lawyers in Stafford, VA to obtain strong and sufficient evidence. As the burden of a high standard of proof rests with the plaintiff, it is difficult and challenging to establish adultery claims in the courts.
Consultation with the Lawyers in Stafford, VA will make you aware of the fact that even if your spouse admits the acts of adultery, you would be required to submit some corroborating evidence.
The Divorce Lawyers of Stafford, VA will notify you that on establishing that your spouse is guilty of adultery, he will be convicted for a class 4 misdemeanor. Adultery, if proven, can drastically affect the distribution of properties and the determination of spousal support.
ADULTERY - WHETHER REFUSAL TO TESTIFY CAN LEAD TO ADVERSE INFERENCE
The new law about testifying in adultery-related complaints came into effect on July 1, 2020, and applies to all complaints filed on or after July 1, 2020. It is a boon to spouses alleging adultery. In divorce cases based on adultery in Stafford, VA, when a person is asked to testify, as per the previous law, he can refuse to testify citing violation of the constitutional right against self-incrimination. Also, the law denied the complainant the right to draw an adverse inference from this refusal to testify.
You will be surprised to know from the lawyers in Stafford, VA that the recent amendment has made a drastic change to the existing law. This new amendment allows the trier of fact to draw an adverse inference from the party or witness’ refusal to testify.
Approaching Divorce Lawyers in Stafford, VA for advice is highly recommended as they will reveal to you such complicated legal developments. You will not gain knowledge about these issues elsewhere. Truly efficient lawyers practicing in Stafford, VA will provide all the relevant information for your case.
Also, the divorce lawyers at The Law Offices of SRIS, P.C. will inform you about the procedures in Stafford, VA courts as they are familiar with the procedures and rules of the local courts. Once you consult our lawyers in Stafford, VA you will be confident about facing your divorce case.
Be warned, proceeding with a divorce without the support of a lawyer can be highly complex and will bring everlasting consequences
WHAT ARE THE DEFENSES FOR ADULTERY, SODOMY, AND BUGGERY CONDONATION
Know from our Lawyers in Stafford, VA, that the spouse against whom these grounds have been filed, has the option of taking the defense of condonation. When the innocent plaintiff on being aware of the spouse’s acts of adultery resumes sexual relations and cohabitation, the law considers these acts as an indication of forgiving the alleged spouse. The complainant cannot win the divorce case where there is proof of condonation.
RECRIMINATION
Divorce Lawyers in Stafford, VA will apprise you that recrimination is a common defense when the defendant spouse has proof that the complainant spouse is guilty of one of the fault-based grounds for divorce such as desertion, cruelty, or adultery.
CONNIVANCE
Divorce Lawyers in Stafford, VA will inform you that the defense of connivance can be raised by the defendant if the plaintiff had agreed to the misconduct of the alleged spouse.
TIME-BARRED
Divorce Lawyers in Stafford, VA will warn you about the applicability of Statute of Limitations to your divorce case. Divorce can be sought on the ground of adultery only if the complaint is filed within five years of such acts. If the plaintiff files for divorce in Stafford, VA, five years after knowing of the adulterous conduct of the defendant, the marriage cannot be dissolved on adultery.
The complication involved in establishing these defenses in court underlines the need to hire proficient and competent Lawyers in Stafford, VA who can dedicatedly work on your divorce case.
WHY SPOUSAL SUPPORT CLAIMS ARE MOST LITIGATED?
Be informed, proceeding with marriage dissolution without the guidance of a lawyer can bring adverse consequences of permanently waiving certain rights you are entitled to. Only consultation with skilled lawyers will provide you a complete understanding of your spousal support and child support rights. Without able assistance from a competent lawyer, you are most likely to permanently waive these claims.
SPOUSAL SUPPORT
Commonly known as alimony, the Lawyers in Stafford, VA will inform you that spousal support is most contentious. Spousal support is paid by one spouse to the dependent spouse. You will be surprised to know that the law of spousal support is not a gender-related concept. Divorce Lawyers in Stafford, VA play a substantial role in obtaining favorable orders when the court decides the issue of granting alimony and in ascertaining the amount of alimony. The most challenging part of divorce proceedings is dealing with the determination of spousal support. Obtain procedural advice about spousal support determination from the Divorce Lawyers of Stafford, VA.
Consulting with the best Lawyers in Stafford, VA, who are highly experienced with VA court procedures, has become indispensable considering the complexities involved in spousal support issues.
SPOUSAL SUPPORT AWARD – WHAT FACTORS ARE CONSIDERED?
Skilled Divorce Lawyers in Stafford, VA will provide you a detailed explanation about the factors that will be examined by the courts for determining spousal support.
FOLLOWING FACTORS PLAY A KEY ROLE IN SPOUSAL SUPPORT DETERMINATION:
- financial obligations and incomes of the parties,
- properties owned by them,
- their health conditions, their financial capacities,
- the standard of living, and
- each of their monetary and non-monetary contributions to the marital life.
Also, you need to know from a Lawyer in Stafford, VA that spousal support may be awarded permanently or temporarily.
CIRCUMSTANCES WHICH LEGALLY DETER A SPOUSE FROM CLAIMING SPOUSAL SUPPORT
SPOUSE BEING GUILTY OF ADULTERY
Divorce Lawyers in Stafford, VA will acquaint you with the general practice of denying spousal support to the spouse who is guilty of adultery.
Though proving adultery can be a challenging task, with the assistance of skilled Divorce Lawyers in Stafford, VA if the complaining spouse can establish to the Court that the other spouse is guilty of adultery, then the guilty spouse is no longer entitled to receive spousal support.
However, Divorce Lawyers of Stafford, VA will apprise you that in cases where the plaintiff is in a better position to earn more than the accused spouse and where both parties are at fault, spousal support may still be granted to the guilty spouse. Only experienced Divorce lawyers in Stafford, VA can guide you through cases involving such complicated matters.
Take the able guidance of Divorce Lawyers at The Law Offices of SRIS, P.C. for easy solutions for your marital discords and obtain divorce easily.
TAX ISSUES
Attorneys in Stafford, VA will inform you that the introduction of Federal tax reforms has brought major changes in imposing taxes on spousal support with effect from 2019. Truly efficient Lawyers of Stafford, VA will patiently explain to you the recent changes made to taxation procedures on spousal support. According to recent amendments, taxes on spousal support are to be paid by the receiving spouse. Experienced lawyers in Stafford, VA will tell you that the amendment has made a major change to separation agreements drafted after the amendment. This has resulted in the removal of any clause that imposes tax liability on the paying spouse.
If you are the paying spouse and have been facing issues concerning payment of spousal support, do not hesitate to contact the Divorce Lawyers in Stafford, VA at The Law office of SRIS, P.C. for guidance on how to proceed.
LEGAL PROCEDURE TO FILE FOR DISSOLVING YOUR MARRIAGE IN VIRGINIA
Do you want to end your marriage in Stafford, VA but have no idea about the process?
Relax!! Consult the best divorce lawyers in Stafford for your case and move on with your life with the perfect divorce solutions.
Here’s a guide by our Divorce Lawyers in Stafford, VA on how you can proceed with filing for dissolution of marriage.
Approaching Divorce Lawyers in Stafford, VA
If you are determined to pursue the dissolution of marriage, support your decision by approaching proficient Divorce Lawyers of Stafford, VA, who can calmly explain to you the procedures and the legal provisions involved. The lawyer you choose in Stafford, VA should work on your case as a priority.
Examine whether the requirements are satisfied
Our Divorce Lawyers in Stafford, VA suggest that to be able to dissolve your marriage in Virginia, you must satisfy the residential requirements of being a resident of Virginia State for at least 6 months before filing for the dissolution of marriage.
Finalizing the most appropriate grounds for your case
This is the key to win your divorce case. If you choose a ground that is not sufficiently supported by evidence, the possibilities of a favorable order are less. This is where the Lawyers in Stafford, VA will provide you with expert guidance. Be advised, for dissolving your marriage in Stafford, VA, you can either pursue Divorce from Bonds of Matrimonii or Divorce from Bed and Board. Approach the Divorce Lawyers in Stafford, VA to examine your case and guide you.
To gain an in-depth understanding of the various grounds and the complicated practical implications, consulting with experienced Lawyers in Stafford, VA becomes indispensable.
Filing the complaint and payment of initial fees
The Divorce Lawyers of Stafford, VA will apprise you on how to file an original and a copy of your complaint in the Form VS-4 available at the clerk’s office, during the entry of the Final Decree of Divorce. Filing fees and Sheriff Service fees are to be paid to the Clerk of the Circuit Court. On registering your complaint and on successful payment of the fees, your case shall be allotted a Civil Number which is to appear on all documents regarding your case.
Issue the defendant the complaint with the help of the Divorce Lawyers
You may be wondering about how the other party will be informed about the divorce. On filing the complaint, the Lawyers in Stafford, VA will inform you that the defendant will be served with a copy of the complaint by either a Sheriff or a person authorized to serve. On the complaint being served to the defendant, he/she shall have 21 days period to communicate the responses
Filing Contested or Uncontested divorce
Another perplexing issue in divorce complaints is the question of whether it should be contested or uncontested. The Lawyers in Stafford, VA will update you about the pros and cons of each divorce. In a contested divorce, the issue raised by the parties is contested in court while an uncontested divorce is a mutually agreed divorce where the parties have agreed to most matters about life post-divorce. Take the advice of an experienced lawyer in Stafford, VA for your case.
Commissioner’s hearing
The lawyers in Stafford, VA will inform you about submitting a Decree of Reference. This Decree of Reference is endorsed by both the parties for the court to assign a Commissioner in Chancery. The Commissioner will hear your suit after payment of the fees and will recommendations to the court on the grant of the divorce. After the defendant has responded to the complaint, you may submit the Decree of Reference to the court. The attorneys will guide you in seeking the details of the Commissioner appointed. Once the hearing date is fixed, it has to be communicated to the defendant. The Lawyers in Stafford, VA will advise you to collect all the evidence to support your suit filed. Post the hearing, the Commissioner submits the report within 30 days to the court and you will be notified about it. On receiving the Commissioner’s report, the Final Decree of Divorce is prepared and is submitted to the Court for the entry by a Judge. In case the defendant declines to sign the Decree, the Lawyers of Stafford, VA will advise you that the defendant should be served with the notice to appear in the court on a Motions Day to enter the final Decree.
The Divorce Lawyers in Stafford, VA at The Law Offices of SRIS, P.C. have handled several cases like yours and can provide you guidance appropriate to your case. We know each case is unique and provide advise on a case by case basis.
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