Roanoke Uncontested & Contested Divorce Lawyers
Legal Assistance for Clients Throughout Central Virginia
Divorce can be one of the most stressful experiences in your life, especially when you and your spouse have disagreements. It generally brings with it emotionally-charged issues that are difficult to navigate without the competent legal counsel of an established divorce attorney. Understanding the various issues, how the laws that surround them will impact your particular situation, and how courts view these matters, can be overwhelming. By retaining competent legal representation, you can ensure that your legal rights are protected and your best interests pursued in your divorce.
At Magee Goldstein Lasky & Sayers, PC, we bring extensive knowledge and experience to your divorce and all of the issues it will involve. Our attorneys understand how difficult and challenging it can be to break up a marriage and family. Going through this transition can lead to all kinds of emotions, worries, and uncertainty. We are here to guide you through the process in the least painful manner, such as through conciliatory methods rather than through distressing courtroom battles. However, regardless of the path your divorce takes, our priority is to be your trusted and tenacious advocate throughout.
Divorce in Virginia
Generally, uncontested divorces are obtained through Virginia’s no-fault divorce option. Under this option, you and your spouse can obtain a divorce if you have lived separate and apart for at least a year. For couples without minor children, you can obtain a divorce after having lived separate and apart for only six months as long as you have made a valid separation agreement. Uncontested divorces of this type may take as little as 30 to 90 days and, in some cases, court appearances may not be required.
In all divorces, the following issues must be resolved to the satisfaction of the court:
- Child custody and visitation
- Child support
- Spousal support where it is sought or contested
- The division of marital property and debt
For some couples with little to no assets and no children, a no-fault separation agreement may be simple. For others, however, with children and more complex marital property, child custody and support, spousal support, and the division of marital property may require much more analysis, planning, and determination. If you and your spouse can agree upon these issues outside of court, you can submit your settlement agreement to the judge for approval. If you cannot, you may need to negotiate or mediate the issues. If compromise still cannot be reached, you may need to litigate these matters in court, at which point the divorce process becomes “contested.”
Fault-based divorces are generally contested due to the fact that you must prove marital misconduct in court. These types of divorces take longer due to the need for the gathering and documentation of supporting evidence and the preparation of your case. They may still be negotiated or mediated to a resolution. However, without coming to an agreement on the divorce issues, a judge will have to make a decision on all divorce-related matters based on the evidence presented by both sides.
Fault-based grounds in Virginia include:
- A felony conviction that involves a minimum of one year in prison with some time served
- Desertion or abandonment
- Cruelty (fear of physical harm)
In a fault-based divorce, you will have to provide specific evidence of the alleged misconduct. Proven fault in a divorce may have an impact on how the court determines such matters as spousal support and the division of marital property.
Proven Roanoke Uncontested & Contested Divorce Attorneys
Magee Goldstein Lasky & Sayers, PC has been assisting clients in the divorce process since 1980. Our firm is dedicated to helping you resolve your differences with your spouse in a fair and just manner, whether through negotiation or litigation in the no-fault or fault-based process. The decisions you make in your divorce can have a huge impact on your finances, your children, and your future going forward. We are here to provide counsel and advocacy so that you can transition through this process with confidence and security.
A Well Established Reputation Within the Community
Responsive & Direct Legal Counsel
A Tailored Approach for Each Client
Boutique Firm Approach, Large Firm Experience
All of Our Attorneys Have Strong Backgrounds & Industry Experience
Over 30 Years of Experience