Working with a Divorce Lawyer in Fairfax, Virginia
Divorce happens to numerous people every day. At Calinger Law, we aim to make the legal process easy to understand and affordable. You probably never imagined this would happen. We’ll do our best to help you persevere through the divorce process and positively forward with your life. Adam Calinger is your divorce lawyer in Fairfax, Virginia. Adam Calinger is also your divorce lawyer in Prince William, Loudoun, Stafford, Fredericksburg, and Spotsylvania.
The most common ground for divorce in Virginia is divorce based on a one year separation. Virginia Code 20-91(9)(a) provides that if spouses separate and live apart for one year with one of them intending the separation to be permanent, this constitutes a ground for divorce. It’s simple and straightforward. Neither party is held to blame. Judges routinely grant this ground for divorce.
On the other hand, a party may seek a divorce based on the fault of the other party, such as adultery or desertion. These grounds are also covered in Virginia Code 20-91. Where a spouse seeks a divorce as the victim of adultery, the victim spouse may file for divorce immediately, with no waiting period. Adultery is defined as sexual intercourse outside of marriage. In the case of desertion, a spouse may file for divorce from bed and board—legal separation—immediately, and then seek a permanent divorce after a one year separation. Constructive desertion occurs where one spouse leaves, but claims the bad conduct of the other spouse forced the departing spouse to leave.
In the divorce process, the court will make an equitable distribution of assets, as permitted by Virginia Code 20-107.3. This means that the court will divide the assets the parties have acquired during the marriage. It’s important that your attorney gather all the information available about your assets so you can receive as much money as possible. In a no fault divorce, the court will often equally divide the assets. The presence of fault grounds may cause a court to grant one side more property than the other spouse. Your attorney will need to know how to push for you to receive more.
Matters concerning equitable distribution often involve complex issues. Your attorney will need to know whether the law classifies property as separate or marital. Property may even be part-separate and part-marital. Your attorney will need the skill to present evidence concerning the valuation of property and evidence regarding income drawn from the property. Calinger Law has the skills to help.
At Calinger Law, you can count on us to fervently advocate for your interests in these areas. We do everything possible to help our clients succeed. Adam Calinger is your divorce lawyer in Fairfax, Virginia. This office will also be your divorce lawyer in Prince William, Loudoun, Stafford, and Fredericksburg.