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Domestic matters related to the end of a marriage, custody of children, division of marital assets, etc. can be extremely sensitive issues and difficult to deal with in a rationale, productive manner. If you are dealing with these, or other, family issues, it is important to retain the services of an experienced Fairfax family lawyer. A skilled and knowledgeable attorney can provide you with guidance and advice to help make this stressful process more manageable for you.

Overview of Virginia Family Law

As mentioned, one of the major benefits of having a seasoned Fairfax family law attorney is receiving guidance throughout a confusing divorce process. This is especially true in Virginia, which features a number of complex rules and regulations regarding divorce proceedings.

Domestic matters are generally categorized in the umbrella area of “family law” in Virginia. This includes prenuptial and postnuptial agreements entered into by married couples. Specifically, Virginia Code § 20-148 enables couples to create prenuptial agreements, which are contractual agreements entered into prior to the commencement of a marriage. These agreements typically address issues related to who receives what property in case one of the spouses passes away or the marriage ends in divorce, spousal support, and provisions concerning any trusts or wills of the parties. Relatedly, Virginia Code § 20-155 covers postnuptial and marital agreements, which are typically entered into after a couple is already married. Though, in most instances, the terms of a postnuptial agreement are the same as prenuptial agreements.

Family law also includes divorce. Virginia Code § 20-91 established two pathways for a Virginia couple to get divorced: (i) fault and (ii) no-fault. In a fault-based divorce, one spouse files for divorce due to certain conduct of their spouse. Virginia also allows couples to enter into a separation agreement and apply for a no-fault divorce after the couple is separated for a specified period of time (typically six months or one year).

Couples who are separating or divorcing and have children must make determinations regarding child support and child custody. The regulations governing child support can be found in Virginia Code § 20-108.2. This provision established that a non-custodial parent is legally obligated to pay a statutorily determined amount of child support to the custodial parent, unless they can prove that a different amount is appropriate. Regulations related to child custody can be found in Virginia Code § 20-124.3. This provision established that courts will consider a multitude of factors to assess matters concerning child custody, with an emphasis on what is in the best interest of the child, or children.

Filing for Divorce in Virginia

To file for divorce, you or your spouse must have been a resident and domiciliary of the Commonwealth of Virginia for at least the prior six months. To be granted a divorce, you must be separated for a minimum of six months and have already entered into a written property settlement agreement. If you and your spouse have children, you must be separate for a longer period of time (a minimum of one year) before filing for divorce. These rules are intended to ensure that the couple is prepared to deal with the consequences of divorce. However, they can often complicate matters and so it is important that you know all the requirements and implications of divorce beforehand.

How a Fairfax Family Lawyer Can Help

Dua Law Firm, PLLC, offers comprehensive legal services to families in and around Fairfax, VA who are facing a disruption in their normal family life. The legal matters we routinely assist clients with include:

  • Drafting of contractual agreements between spouses, including prenuptial agreements, postnuptial agreements and settlement agreements;
  • Assisting clients throughout the divorce process;
  • Assisting clients with issues related to child custody;
  • Assisting clients with issues related to spousal support;
  • Assisting clients with issues related to the equitable distribution of property; and
  • When a divorce is finalized, we assist clients with the modification and enforcement of support agreements, child custody arrangements and property settlements.

Domestic Matters a Family Law Attorney Can Help With

The respected and skilled family law attorneys with the Dua Law Firm are adept in handling a wide variety of family law matters, including:


Speak to a Seasoned Family Law Attorney in Fairfax for Free Today

Regardless of the type of domestic matter that you are dealing with, a seasoned Virginia family lawyer can guide you through your problem. Take action today by contacting an experienced Fairfax family law attorney with Dua law Firm, PLLC to schedule a free, confidential consultation. You can reach Travis Van Hook or Raj Dua by calling (703) 382-7300.