Family Law and Divorce
Richmond Divorce Attorneys
There are several financial and legal issues that must be considered during divorce. In order to protect our client's interests, our attorneys explain how marital assets are divided, what should be done regarding marital debt, how closely held businesses are impacted, and what the court reviews when awarding child custody.
CowanGates PC has been helping families in a broad range of domestic relations cases since 1977. Our firm's representation includes helping those with concerns related to divorce, juvenile issues, and other family law matters that follow upon the dissolution of a marriage. This broad concept of family law ensures our clients receive comprehensive and thoughtful representation. Our clients include civilians, and active duty and retired military personnel.
Would you like to speak with a lawyer regarding a family law concern such as divorce? Please contact CowanGates PC today to arrange your consultation. Read about family law.
Family Law and Filing for Divorce
Our firm can help you address issues that are generally confronted by individuals considering a divorce:
- Gathering a support system - A support system can include friends, a counselor, social worker, minister, or pastor.
- Hiring an attorney - Even if the parties have agreed on the issues regarding marital assets, each party should have their own attorney.
- Determining a fault vs. no-fault divorce - In Virginia, a divorce can be granted for reasons such as adultery, cruelty, desertion, or a felony conviction. A no-fault divorce can be granted based upon the parties separation. A couple with children under the age of 18 years must live separately for one year before obtaining a no-fault divorce. A childless couple may file for a no-fault divorce after a six-month separation if they also have a signed property settlement agreement. Without such an agreement, couples who do not have children must wait one year to file for a no-fault divorce.
- Working through a property settlement agreement - A standard property settlement agreement includes the division of marital assets such as real estate, automobiles, furnishings, and savings accounts.
- Reaching settlement - The property settlement agreement is final unless it was signed under fraud, coercion, or duress.
- Considering spousal/child support - A court can award spousal support for a period of time based upon certain factors such as the education, training, employment history, and physical and mental health of the party seeking support. Child support is governed by statute and is based on the incomes (real or imputed) of both parents.
- Dealing with child custody battles - The courts look exclusively at the child’s best interest and no longer prefer the mother over the father in custody issues.
- Considering an alternative to litigation - Mediation involves many of the same procedures as litigation but is designed to produce less hostility and lower the costs for the parties.
Avoiding a Lengthy, Costly Divorce Battle
For couples who are willing to enter into a less adversarial process, mediation is a cost-effective means for arriving at a divorce settlement amenable to everyone involved. While subject to final approval by the court, mediation allows couples to enter into negotiation over how certain assets will be divided, how child custody arrangements will be structured, and what to do about marital debt. Consequently, mediation puts couples in charge of their own divorce settlement rather than risk having a judge impose terms neither party finds satisfactory.
Contact CowanGates PC today to discuss filing a divorce or other family law matters.
