Divorce and Family Law
In Virginia, a divorce can be granted for reasons such as adultery, cruelty, desertion, or a felony conviction. A no-fault divorce can be granted based upon the parties’ separation. A couple with children under the age of 18 years must live separately for one year before obtaining a no-fault divorce. A couple without minor children may file for a no-fault divorce after a six-month separation if they also have a signed property settlement agreement. Without such an agreement, couples without minor children must wait one year to file for a no-fault divorce.
Financial, personal and legal issues must be considered when you are contemplating divorce. Our attorneys explain how marital assets are divided, how marital debt is assigned, how closely held businesses are affected and what the court reviews when determining child custody, child support and spousal support, temporary and permanent.
Attorneys with Smith & Wells, P.C. help those with concerns related to divorce, juvenile issues, personal problems, and other family law matters that arise during the separation and divorce process. This broad concept of family law ensures that our clients receive comprehensive and thoughtful representation. Our clients include civilians, and active duty and retired military personnel.
To speak with a lawyer regarding a family law concern such as divorce, contact Smith & Wells, P.C. today to arrange your consultation.
Property Settlement Agreements
Divorce seems to be a complicated process in the beginning, but it does not have to be contentious. Husbands and wives often decide without the assistance of the courts how to divide their property and how they will arrange for custody and visitation of their children. Just as an attorney can help a separating or divorcing party through litigation, an attorney can assist a separating or divorcing party to enter into a separation agreement and avoid a court hearing.
A typical property settlement agreement includes the division of marital assets such as real estate, automobiles, furnishings, and savings accounts. It also resolves the issues related to child custody, visitation, child support and spousal support.
If you are faced with divorce or separation, please contact Smith & Wells, P.C. to schedule a consultation with one of our divorce attorneys. Our attorneys will help you reach the best possible outcome in a professional, caring, and cost effective manner, whether that means negotiating and drafting a property settlement agreement or litigating.
Child Custody and Visitation
The parents should decide the arrangements for the custody and support of their children. If they cannot agree, then the court will determine custody based on what it believes is in a child’s best interest. The court considers a number of factors when awarding custody. The court may order an in-home study or psychological and medical evaluation of the parent in question. Consequently, it’s important to protect your rights and interests in any child custody or visitation matter.
At Smith & Wells, P.C., our lawyers have the resources and experience needed to ensure that parental rights are protected throughout a divorce or child custody dispute. When necessary, we consult private investigators, psychologists, and other professionals in order to conduct background checks, psychological evaluations, and gather evidence pertinent to your case.
Factors Considered by the Court on Child Custody and Visitation
The court will consider following when determining child custody and visitation:
- Age and mental condition of a child
- The relationship each parent has established with a child
- The specific needs of a child
- Support given by a parent to support the child’s relationship with the other parent
- History of abuse of a child or others
- Child’s preference of living arrangements
- Schedules of activities of a child
- Work schedules of parents
- Location of residences of parents and family
- Extended family support of parents and children