Family Law Separation and divorce can be stressful and life-altering events for all family members, especially children. The legal complexities that arise when a family divides often appear overwhelming. Our Family Law Practice Group handles annulments, divorce, custody and visitation, parent relocation and other change of custody issues, spousal and child support matters, equitable distribution of marital assets and liabilities, the preparation of pre-marital and marital agreements, adoption, domestic relations appellate litigation, enforcement of settlement agreements or Court-ordered property and support issues and other post-divorce issues, parental abduction, and related matters. Our family law attorneys are skilled professionals. Most of our clients derive from referrals from current and former clients, opposing parties, former witnesses and other members of the legal profession. One of our founders has earned recognition as an exceptional family law practitioner through inclusion in Best Lawyers in America and Washingtonian Magazine's top divorce lawyers in the Washington Metropolitan Area. Aside from recognition by others, we pride ourselves on our professionalism, skill, devotion to our clients' cases, our sensitivity to our clients' emotions, and our discreet, thorough and zealous representation. Although we are never shy to litigate when the occasion demands, we also urge our clients to explore alternative dispute resolution avenues, such as negotiated compromise and settlement, marital or co-parenting counseling, mediation or arbitration. Family Law: Family law issues generally involve one or more of the following categories: (1) dissolution of the marriage, either on fault or no-fault grounds; (2) child custody and visitation; (3) child and/or spousal support; and (4) equitable distribution of marital assets and liabilities; and (5) modification and/or enforcement of agreed or court-ordered provisions for custody, support or property distribution. Adoption is a subgroup of family law but does not factor into most divorce cases. On occasion, bankruptcy may be an issue, either during the divorce or afterwards. For those contemplating marriage, it is often advisable to seek a pre-marital agreement defining rights and obligations arising out of the marriage in the event of separation and divorce or the death of a spouse. Divorce: In Virginia, a divorce can be granted on either fault or no-fault grounds. Fault typically involves adultery, desertion, cruelty or felony conviction and confinement for more than one year. Fault leading to the dissolution of the marriage is a factor for consideration in alimony awards and property distribution. A proven ground of adultery or commencement of confinement for a year or longer on a felony conviction entitles the petitioner to an immediate final decree of divorce, while other fault grounds require an accompanying one-year period of separation for a final divorce. Generally speaking, a so-called "no fault" divorce can be obtained after a six-month continuous separation, if there are no minor children and the parties have entered into a written separation agreement. In the absence of such an agreement, or if minor children are involved, a one-year continuous separation is required. Whether you initiate or defend against a suit for divorce, the issues and procedures are essentially the same. CCWV's attorneys will assist you in making the election to assert marital fault against your spouse or to proceed on a no-fault basis. Custody & Visitation: Custody and visitation are often difficult issues in a divorce and, on occasion, can become highly contentious. Access to and responsibility for the care of minor children are emotional, as well as legal, concerns. Primary residence, physical care and parenting schedules must all be resolved. Furthermore, until the children are emancipated, custody and visitation remain subject to review and modification under Virginia law, in order to assure that parenting arrangements continue to serve the children's best interests. Thus, for example, a future planned move from the area by a custodial parent can engender litigation by the non-custodial parent to forestall the children's removal from Virginia. As between parents, there is no presumption or inference of law favoring either as the custodial parent. In custody determinations, the court is required by statute to give due regard to the primary importance of the parent-child relationship, but it may, in appropriate cases, award custody or visitation to third persons, such as grandparents or family members. Custody may be awarded solely to one parent or jointly to both. Joint custody can be a shared legal custody, where both parents retain joint responsibility for care and decision-making, although the children may reside primarily with only one parent; joint physical custody, where the parents share physical and custodial care of the children; or some combination of joint legal and physical custody. The court is required by statute to assure minor children frequent and continuing contact with both parents, when appropriate, and to encourage parents to share in the responsibilities of rearing their children. In making custody and visitation determinations, Virginia courts are required to consider certain statutory factors. In all such cases, priority is given to the best interests of the children, not the best interests of the parents. CCWV's attorneys are experienced in negotiating and resolving custody disputes and in litigating such matters when circumstances require. Child Support & Spousal Support: In Virginia, both parents owe a duty of support to their minor children. Child support awards are largely governed by statute. The Code of Virginia contains a schedule of basic child support obligations based upon the combined gross incomes of the parents, giving consideration to expenditures for work-related child care, children's health care coverage and extraordinary medical and dental expenses of the children. The court may deviate from the scheduled child support amount in order to give effect to special circumstances or needs in a particular case. Spousal Support: Temporary alimony, sometimes referred to as spousal support or separate maintenance, may be awarded by the court while a suit is pending or until the parties enter into a final settlement agreement or the court enters a final alimony award at the conclusion of the case. Provisions governing initial permanent alimony awards are contained in the Code of Virginia. Alimony awards may be "rehabilitative" or "permanent" and payable in periodic payments for a defined or indefinite duration, in a lump sum or in some combination of payments. Fault leading to the dissolution of the marriage will be taken into account by the court in determining whether to award alimony. Spousal support paid pursuant to a written agreement between the parties cannot be terminated or modified by the court, except in accordance with the terms of the agreement, but child support, whether set by the court or agreed to between the parties, can be modified by the court until the duty of support is terminated. Failure to pay support is punishable as contempt of court and can result in fine and/or imprisonment of the delinquent obligor, as well as the imposition of other penalties and sanctions. Modification and enforcement of support awards often require future negotiation or litigation. CCWV's attorneys have a wealth of experience and can advise their clients as to an appropriate course of action in all matters pertaining to support. Equitable Distribution of Assets: Unlike so-called "community property" states, division of marital property and apportionment of marital debts are governed in Virginia by "equitable distribution" standards. Although both spouses have rights and interests in marital property, regardless of whose name appears on the title, "equitable" does not necessarily mean "equal." Property division in Virginia often involves complex issues of classification and valuation, including asset tracing, transmutation and waste. In addition to assets such as the marital home, bank accounts and automobiles, there may be marital pensions, deferred compensation and stock options to be divided. Rules governing the division of pensions and stock options, particularly, are highly complex, requiring an attorney's adept understanding of the law and applicable accounting, tax and business principles. CCWV's attorneys have years of experience in discovering, negotiating and litigating complex property issues to assist its clients and the court to achieve an equitable apportionment of the assets of the marriage. Divorce & Bankruptcy: Bankruptcy can, on occasion, raise issues in a pending or long-concluded divorce case. Certain obligations, such as child or spousal support, generally survive bankruptcy fairly easily. Until 1995, any obligations that were "in the nature of property distribution" were dischargeable in bankruptcy. In 1995, Congress amended the Bankruptcy Code to provide that obligations in the nature of property distribution can be excepted from discharge, if certain tests are met. However, in order to preserve obligations arising out of divorce, it may be necessary to file an independent action in the Bankruptcy Court. CCWV's attorneys have assisted individuals through divorce and bankruptcy from both sides. We have represented spouses seeking to preserve the obligations of a bankrupting spouse or former souse, and we have represented clients in dire financial circumstances seeking to discharge obligations arising out of the marriage. Successfully navigating the bankruptcy-divorce route requires careful planning and strategy. CCWV will advise you concerning your options and assist you in formulating a course of action. Adoption: Adoption of children (and in some cases adults) is carried out in the Circuit Courts of the Commonwealth of Virginia. The adoption process is guided by the Code of Virginia. Strict compliance with the Code is required. Adoption may occur through a licensed adoption agency; it may occur by parental placement in which the birth parent places the child directly with the adoptive parents; and it may be a step-parent adoption in which one birth parent approves of the adoption of a child by a step-parent either with the consent of the other birth parent or after certain notice provisions have been carried out. This process becomes even more complex when a child is adopted from another state, because of the application of the Interstate Compact on the Placement of Children. As with other areas of family law, CCWV has handled adoptions for many years, and its lawyers are familiar with the formal and informal processes associated with these cases.
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