Family Law
A marriage provides family members with a certain structure derived from our heritage, customs and laws. That structure is irrevocably changed when the parents separate. The separation and the subsequent divorce process give rise to many questions and concerns that can best be addressed by an experienced, knowledgeable attorney.
Among the issues presented are financial issues, legal obligations, rights regarding children, issues of property division, allocation of debt and support. Our attorneys work closely with clients to ensure that their and their children's interests are protected when establishing the terms of a divorce, child custody arrangement or property settlement agreement.
The family law attorneys at Stephens, Boatwright, Cooper, Coleman & Newton, P.C., handle diverse divorce, property division, child custody, visitation and support disputes, ranging from uncontested matters to complex litigation. Regardless of your particular family issues, we have the knowledge and resources to help. To schedule an appointment and discuss your case, contact Stephens, Boatwright, Cooper, Coleman & Newton, P.C., today.
Family Law - Helping Families
Our practice encompasses all areas of family law, including:
- Divorce: Our attorneys handle all aspects of divorce, from marital property division to the determination of alimony/spousal support.
- Child custody and visitation: Issues involving children can be both complex and emotional. We strive to resolve all child-related issues as efficiently and effectively as possible and always account for the best interests of the children. We handle issues related to child custody, child support and visitation.
- Other family law: Our firm is dedicated to resolving our clients' family law issues. We prepare marital and premarital agreements, pursue and defend restraining orders related to domestic violence and handle many other family law concerns.
Please contact our attorneys to learn more about how we can help you in any of the above areas.
Extensive Litigation Experience
We use common sense in our family law practice and attempt to negotiate a resolution of family law issues before we resort to litigation. However, when litigation is required, we are prepared to devote the necessary legal resources required to properly present our clients' relevant facts and applicable law to the court for consideration. In Virginia, family law attorneys present their cases to a judge, We have extensive experience in presenting evidence and arguing before judges in Virginia courts.
Back to TopSensitive, Straightforward Guideance
Divorce and family law litigation differ from other civil litigation. The resolution of family law issues can be emotional, often involving anxiety, anger and depression. In addition, the conduct of the parties during the litigation process may change the course of the case and directly affect the ultimate outcome of the case.
Our attorneys provide sensitive and timely advice and legal solutions to guide you through the entire process and prepare you for every step. We work to make the legal process understandable and straightforward for each client.
The lawyers of Stephens, Boatwright, Cooper, Coleman & Newton, P.C. analyze each case with a problem-solving approach. We understand that every family in Virginia is unique and every client requires a legal approach tailored to their specific family law concerns and issues.
Back to TopFrequently Asked Questions:
Q: What are the grounds for divorce in Virginia?
A: Under Virginia law a husband or wife may obtain a divorce on a "no-fault" or a "fault" basis. Examples of a fault grounds are adultery, cruelty and desertion. A divorce may also be granted on a no-fault grounds whether or not a fault is established.
Back to TopQ: When can I file for divorce?
A: If you are seeking a divorce based on fault grounds, you can file as soon as the circumstances giving rise to the grounds exist. No-fault divorce requires that parties live entirely separate and apart for a specified period. If the parties have minor children, the required period is one year of separation. If there are no minor children and the parties have entered into a written agreement resolving all issues, a no-fault divorce may be sought after six months of separation. It is possible, under certain limited circumstances, for parties to live completely separate and apart while residing at the same address. In order to complete a separation period while living under the same roof, the parties must essentially maintain separate households. Separate households means that the parties have separate bedrooms and do not eat together, socialize as a couple, or share household chores.
Q: What is the first step in getting a divorce?
A: A divorce action begins in the Court when a document called a Complaint for Divorce is filed. The Complaint states the reasons for the divorce and describes what the party is requesting (division of property, custody of children, support, etc.). If a party is seeking a no-fault divorce, the parties must have been separated for the entire required period before the Complaint can be filed. Therefore, if parties have one or more children and/or there are property disputes between them, one year must elapse before a Complaint seeking a no-fault divorce can be filed.
Q: What happens before the divorce is finalized?
A: If the parties are unable to agree on a temporary financial or visitation situation, either party may set a pendente lite hearing. "Pendente lite" means while the suit is pending. At the pendente lite hearing, a Judge will order temporary child custody, visitation and support, if at issue, and under some circumstances, temporary spousal support.
In setting temporary support, Judges generally use specific guidelines. A Judge may order a party not residing in the former marital home to contribute to the mortgage. Other decisions made at a pendente lite hearing can include prohibiting either party from wasting marital assets, awarding one party temporary use of the home, prohibiting the parties from harassing each other in any way, and ordering one party to make a contribution to the other's attorney's fees to enable that party to carry on his or her case.
If every issue in a divorce is contested (custody, property, support, and grounds of divorce), generally at least one comprehensive hearing/trial is required. This hearing/trial is in addition to the pendente lite hearing discussed above and any intermediary motions. At the hearing/trial, the Court determines the grounds of divorce, custody, visitation, support and division of property.
Back to TopQ: What if my spouse and I cannot agree on all custody issues?
A: If the custody issue is not settled, the Court will conduct a trial. At the end of that trial, the Court will determine custody and visitation. Custody can be sole custody, joint legal custody (with one parent having primary physical custody) or joint physical custody. The Court has great discretion in establishing the custody arrangement. The Court's decision is to be guided by the best interests of the child or children, and the State's law provides a list of specific factors for the Court to consider in making that determination.
Back to TopA: Title does not necessarily determine whether property is marital. For instance, simply opening a bank account in your own name during the marriage does not make the account "separate." Separate property usually must be the direct result of funds or property acquired either before the marriage or after the separation. Under some circumstances, property may be part marital and part separate. "Tracing" is the term used to describe the complicated process of segregating separate and marital portions of property.
Back to TopQ: Can I get money from my spouse to pay for my attorney?
A: The Court has the authority to order one party to pay a portion of the other party's legal fees. An award sometimes is made at the pendente lite hearing. An award also can be made at the conclusion of any Motion during the case, or at the end of the case. Do not assume that an award will be made. In our experience, even when an award is made, it seldom comes close to covering all of the fees incurred. You remain responsible for your fees until an award is made and paid by your spouse. You also remain responsible for any portion of the fees not covered by the award.
Back to TopQ: What is the alternative to going to Court?
A: Going to Court to obtain decisions on issues is time consuming, costly, and can be emotionally draining for parties. Resolving or settling issues by negotiation a case is not a sign of weakness. It does not mean that you do not believe in your position, or that you are "afraid" to go to Court. Settlement should be the result of objective consideration of the strengths and weaknesses in your case, rather than anger or fear. If you and your spouse are able to agree on any issues, you will not only reduce your legal fees, but you will also begin building momentum toward resolving other issues.
Back to TopQ: What if I am afraid to be in the same home as my spouse?
A: If you are concerned that your spouse's behavior is posing a threat to the safety of you or your children, you may request that the Juvenile and Domestic Relations District Court issue a preliminary protective order entered against your spouse. A preliminary protective order is a temporary order that prevents the spouse from having any contact with you or other family members. This order stays in effect until a hearing can be held (usually in approximately 2 weeks). At the hearing, the court will determine whether the preliminary protective order should be dismissed, or whether a protective order should be entered. A protective order may be entered for a period of up to two years.
The protective order process can be initiated without an attorney. To obtain a preliminary protective order, simply contact the Intake Office at the Juvenile and Domestic Relations District Court for your jurisdiction.
Another option is to file a complaint for divorce on the grounds of cruelty and constructive desertion. Once the complaint has been filed, a hearing can be set for the purpose of granting one of the parties possession of the marital residence. Once the order is entered, the spouse against whom the order is entered will be required to leave the marital home. The court also has the authority to enter an order prohibiting either party from harassing or bothering the other party.
Back to TopQ: Is Virginia a community property state?
A: Virginia is not one of the states which has adopted community property principles.
Virginia is an Equitable Distribution state. Equitable Distribution is a method of divorcing or allocating property at divorce based upon the concept that marriage is a partnership or shared enterprise. Under this concept, both husband and wife are presumed to contribute to the marriage by monetary and/or non-monetary contributions. The purpose of Virginia's statute is to fairly divide the assets acquired by the parties during the marriage taking into consideration the parties' monetary and non-monetary contributions to the acquisition and maintenance of the property and to the marriage.
Back to TopQ: How does the Court determine child support in a particular case?
A: Since 1988, Virginia has utilized child support guidelines to determine child support. Under Virginia law, the amount of child support determined by the guidelines is presumed to be the correct amount of child support. In order to "run" the guidelines in a particular case, it is necessary to know the gross monthly income of each parent, the amount of work-related child care expenses, extraordinary medical expenses of the children, and the cost of maintaining the children as covered beneficiaries under any medical and/or hospitalization insurance coverage. The Court is permitted to deviate from the guideline amount under certain prescribed circumstances. If the court deviates from the presumptive child support amount, it must make written findings stating that the guideline amount would be either unjust or inappropriate based upon the statutory factors.
Back to TopQ: Can Virginia Courts award alimony?
A: Virginia law now grants courts the authority to enter an alimony award (spousal support) order "for a defined duration, or in periodic payments for an undefined duration, or in lump sum, or in any combination thereof." The Virginia statute sets out various criteria for the Courts to consider in setting alimony.
Back to TopQ: How does Virginia determine child custody issues in a particular case?
A: Determination of child custody issues in Virginia requires the Court's consideration of several factors. Custody involves the determination of who will have legal custody or the right to make certain legal decisions regarding the welfare of the child(ren). Legal custody may be solely with one parent or may be shared. Physical custody of the child(ren) is the Court's determination of where the child(ren) will physically reside. Physical custody may be primarily with one parent or shared between the parents in a manner that promotes the best interest of the minor child(ren). It should be noted that some shared custody arrangements may affect the amount of child support that would be awarded in a particular case.
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