The Guidance You Need To Get Through Your Divorce
Divorce is a very difficult and life-changing event and, if handled the wrong way, can wind up proving detrimental to all parties involved. This is not something that should be done haphazardly or without a thorough investigation of all of the factors involved in your situation. Our divorce attorneys at OPN Law will help guide you through the process with the seriousness and care that your case deserves. We will do everything within our power to protect you and your interests, and to ensure the smoothest and quickest resolution.
Don’t risk any mistakes when it comes to your future; the decision made by a judge will have a permanent effect on your life. Our knowledgeable divorce lawyers have over 100 years of combined experience representing clients through the divorce process in Roanoke and Salem. We can help assess your situation and guide you through the very complex divorce process, working to come up with the most favorable resolution for you and your family.
Protecting Your Rights And Interests Throughout The Process
There are many aspects that go into a divorce agreement. If you have children, a divorce can have a permanent impact on their future. Our divorce attorneys can help you ensure that your children will have the best possible chance for their future.
Our attorneys can assist you with every aspect of the divorce process, including:
- Child custody
- Child support
- Spousal support and alimony
- Property and asset division
Many times, divorce mediation can help make the process easier, as both parties agree to compromise and come to an agreeable resolution, rather than involving multiple attorneys from different firms to argue over terms, with neither side willing to cooperate. If you feel that mediation may be a better option for you, our family law attorneys can assist you through the mediation process.
Divorce mediation can save time and money for everyone involved and allows for a more peaceful resolution. While divorce is a very painful experience with lasting consequences, you can find acceptable solutions without going to court.
Frequently Asked Questions About Divorce
At OPN Law, we provide many services for our clients seeking divorce. One of the ways we help is by answering any questions our clients have about asset division, child custody and support, and alimony. Clients can reach out to us at any time to discuss potential concerns. Here is a collection of frequently asked questions we have gathered over the years:
How long do you need to be separated in Virginia to get a divorce?
Spouses who are seeking divorce in Virginia must be aware of their legal separation requirement. The separation requirement is six months without minor children involved and 12 months with minor children. Separation means that spouses no longer live in the same residence. Alternatively, spouses can live “separate and apart” under the same roof, which means that spouses live in the same residence and act as roommates. The starting date for separation begins when a spouse communicates their intent to end the marriage in writing (email, letter or text). Our attorneys can help clients start their separation period.
Is Virginia a 50/50 divorce state?
Some states follow equal division laws, which means that marital assets are divided 50/50 between spouses. Virginia, however, uses the “equitable distribution” model of asset division, which divides marital assets based on what is fair – and “fair” is not always an equal split. There are a few factors that decide how assets are divided, including the length of a marriage, the education and income of each spouse, reasons for the divorce and each spouse’s financial contributions.
Is there fault-based divorce in Virginia?
Yes. In Virginia, spouses can file for a fault-based divorce. Spouses must have grounds for a fault-based divorce, including the following:
- Adultery
- Abandonment
- Cruelty
- Felony convictions
Spouses seeking divorce may want to explore how they can prove fault.
How is spousal support determined in Virginia?
Spousal support in Virginia may be calculated based on a spouse’s income and whether there are children involved. Couples with minor children calculate 26% of the payor’s monthly gross income minus 58% of the payee’s income. If there are no minor children involved, the formula changes to 27% of the payer’s income minus 50% of the recipient’s income. However, a spousal support calculation may deviate depending on a few factors, including the length of a marriage, the age of the couple, their medical conditions, income, education, financial contributions and more.
Learn More About Your Options
If you need to file for divorce, ensure that you protect yourself and your rights throughout the process. Our divorce attorneys understand how difficult the process can be. We will always take the time to thoroughly explain your options so you feel comfortable throughout your case. Contact one of our experienced divorce attorneys and find out what the best course of action is for you by calling 540-989-0000 or filling out our online contact form.