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Your Basic Guide to Family Law

April 15, 2022 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Family Lawyer

Searching for a family lawyer can seem intimidating and stressful. The end of an important relationship may cause emotional and psychological suffering. As our friends at AttorneyBernie.Com can attest to based on their wealth of experience assisting clients with family law matters, you may struggle to obtain rights to visit your children or to have custody over your offspring. A lawyer can help you in your family law matters. 

Family Law Practice 

The following are some of the most common types of family law cases: 

  • Domestic violence
  • Paternity disputes 
  • Child support cases 
  • Adoption cases 
  • Martial property cases
  • Child custody cases 
  • Alimony and spousal support cases 
  • Military divorce cases 
  • Annulment

Many legal issues may need to be decided in a single divorce case. If you have community property with your spouse then a determination will need to be made about dividing the property between you and your spouse. If your spouse neglects your children and puts their lives at risk by engaging in dangerous behavior then you may need to seek full custody of your children. 

You may also need to seek alimony and spousal support payments from your former marriage partner. It is vital that you speak to an experienced family law attorney regarding your case. If you want to protect your legal rights you need to understand family law matters are decided in the state in which your marriage was consecrated. 

Getting a Divorce

All divorce matters require a waiting period, in some states the waiting period is 6 months. In states with a set waiting period, you can only receive a divorce after the waiting period has concluded. One party will file the Petition for Dissolution on the Respondent. Most parties in divorce cases settle before the six-month period ends. 

The marital termination date will be set for some point in the future. The court will enter a judgment for divorce containing settlement provisions affecting visitation rights, child custody, spousal support, and property division. 

Prenuptial Agreements 

If you signed a prenuptial agreement prior to getting married you need to determine if the prenuptial agreement is valid. For most, an invalid prenuptial agreement is unenforceable. You may have to focus on specific issues during your divorce if a valid prenuptial agreement does apply. 

When you retain a family law attorney you need to bring any documentary evidence you possess of agreements between you and your spouse. If you signed any prenuptial or postnuptial agreements you should make sure to forward copies of these documents to your family law attorney. 

Dividing Property

Some states are what is referred to as “community property” states. The partners are each co-owners of the property they both acquire after they enter into a marriage relationship. Every asset, debt, and item of personal property acquired after the marriage and before the separation date are community debts and assets under community property states laws. However, inheritances and gifts are considered separate property under such state laws. Sometimes personal property is mixed with or commingled with community property. In these circumstances it is helpful to have an experienced lawyer on your side. 

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

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