Aoun & Stanford, P.C.

Attorneys and Counselors at Law

Family Law

Virginia Family & Divorce Law

The lawyers at Aoun & Stanford, P.C. are here to assist you with the variety of legal issues that may affect your family. The emotional aspects of a divorce, and other issues surrounding the family, can be very difficult on an individual.  We provide our clients with the peace of mind that they are receiving the highest quality representation and personalized attention to their case.   

We often handle such topics as:

• Divorce
• Uncontested divorces: An uncontested divorce is one in which all issues such as support, child custody, or property, have been resolved by the parties.
• Contested divorces: A contested divorce is one in which family issues are still undecided between the spouses. Issues such as child support, child custody, visitation, spousal support or alimony, division of marital assets or joint property are some of the areas in which spouses may need representation in order to help resolve.
• Fault grounds: A divorce may be granted in Virginia based on separation or on fault grounds.
• Fault grounds: Virginia recognizes fault grounds as a basis for granting a divorce. Fault grounds include adultery, conviction of a felony, cruelty, and desertion. Fault grounds may influence the waiting period required for a divorce action.  These factors may also be taken into account in the equitable distribution of marital property.
• Separation:  A divorce may be granted in Virginia based on separation or on fault grounds.
• Virginia requires a one year separation period before filing for divorce.  An exception is made to this rule if the parties have no children and have entered into a Separation and Property Settlement Agreement. In this situation, the parties may file after six months of separation. Fault grounds may also affect the required separation period. 
• Separation Agreements/ Property Settlement Agreements
• We can negotiate, draft, or review Separation Agreements made between the husband and wife. 
• These agreements may include provisions for custody, visitation, child support, marital support or alimony, as well as the divisions of assets and debts. 
• Parties that reach an agreement on these issues may avoid going to court to have them resolved by a judge.  Our attorneys can help assist you in negotiating these agreements and will represent your interests in court should an agreement not be feasible.
• Even if parties do not own any property together, they may benefit from having a separation agreement.  For example, parties may want to protect themselves from debts being incurred in their name during the period of separation.  Additionally, if the parties do not have children, the required separation period may be shortened from one year to six months.
• Often these issues benefit from the process of mediation.  If we see that your case might benefit from this process, we will make the suggestion to you. We have found that mediation often produces the most satisfactory, and cost effective, results for our clients. If you are looking for a mediator, our attorneys offer this service as well.
• Spousal Support or Alimony – Spousal support, or “alimony,” is the financial support paid to a former spouse.

• Determining Spousal Support:  Courts have wide discretion in awarding spousal support, with regards to both the amount and duration of support.  Virginia Statute lays out the factors the court may consider when awarding spousal support. They include:
• 1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
• 2. The standard of living established during the marriage;
• 3. The duration of the marriage;
• 4. The age and physical and mental condition of the parties and any special circumstances of the family;
• 5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
• 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
• 7. The property interests of the parties, both real and personal, tangible and intangible;
• 8. The provisions made with regard to the marital property under §§ 20-107.3;
• 9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
• 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
• 11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
• 12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
• 13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
   
• Form of Spousal Support
• Spousal support can be ordered for a limited period of time or for an unlimited period of time.  It can be paid in a lump sum or on a periodic basis.  Usually, spousal support is paid on a monthly basis. 
• Pendente Lite or Temporary Spousal Support
• Temporary spousal support may be awarded while the divorce case is pending (“pendente lite”).   While the spouses are separated, one spouse may be eligible for financial support.
• Failure to pay Spousal Support
• Spousal support orders are among the few debts for which the debtor can be sent to jail for non-payment.  If a spouse or former spouse is not paying the required spousal support, we can assist in enforcing these orders, to include asking for wage garnishments. 
• Modification of Spousal Support It may be appropriate in some cases to modify spousal support.   If your case has materially changed since the last court order, it may be appropriate to modify support.
   

• Child Support – Child support is the parent’s obligation for the financial support of his or her child. 
• Amount of Child Support Several factors determine the amount of child support for each child.  If the parties cannot agree to the amount, Virginia provides guidelines for determining the amount of child support. [INSERT GUIDELINES LINK.] 
• Pendente Lite or Temporary Child Support
• Temporary child support may be awarded while the final custody and support case is pending (“pendente lite”).  
• Failure to pay Child Support
• Child support orders are among the few debts for which the debtor can be sent to jail for non-payment.  If a parent is not paying the required child support, we can assist in enforcing these orders, to include asking for wage garnishments.
• Modification of Child Support It may be appropriate in some cases to modify child support.   If your case has materially changed since the last court order, it may be appropriate to modify support.
• Division of Property – Prior to the court granting a divorce, the assets and debts acquired during the marriage must be divided.  Virginia courts use a mechanism called “equitable distribution” when dividing property. That is, the court takes into account a number of factors in determining a division that is “equitable.” “Equitable” does not necessarily mean “equal.” 
• One challenge that may arise is determining the ownership of the assets and classifying whether they are marital property, joint property, separate property, individual property or a combination.  For example, if one spouse entered into the marriage with separate property, it may be classified as his or her individual property.  On the other hand, property that was once owned by the individual may have become marital property over time. 
• Parties may also need assistance with business valuation, determining the value of investments, and uncovering assets. 
• Parties may agree on how the assets and debts should be divided. We can assist our clients drafting, negotiating, and reviewing Separation and Property Settlement Agreements.  If parties cannot agree, the court will determine how the property is to be divided. 
• Equitable Distribution – Virginia divides marital property with the “equitable distribution” mechanism. Virginia is not a “50-50” state. That is, the court takes into account a number of factors in determining a division that is equitable.  “Equitable” does not necessarily mean “equal.”
• See Division of Property.

No issue is more personal than that of a parent’s rights to their children.  Legal custody, physical custody, joint custody, shared custody, split custody, sole custody are all possible issues surrounding the custody of a child. Visitation and parenting schedules are also common challenges continue to face during and after a divorce.

 In determining child custody and visitation, the courts consider the following factors:

• 1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
• 2. The age and physical and mental condition of each parent;
• 3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
• 4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
• 5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
• 6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
• 7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
• 8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
• 9. Any history of family abuse as that term is defined in § 16.1-228. If the court finds such a history, the court may disregard the factors in subdivision 6; and
• 10. Such other factors as the court deems necessary and proper to the determination.

• Military Divorce -  A number of issues specifically affect members of the Armed Forces and their family members. We are happy to speak with you about these unique considerations in a military divorce.  We are equipped to handle the additional considerations for a military divorce such as military retired pay and benefits, domicile and residency requirements, rights under the Uniformed Services Former Spouses Protection Act (USFSPA), and Service-member's Civil Relief Act (SCRA).

Enforcement of court orders – Parties may require assistance in enforcing a court order that has been previously issued by the court.  For example, parties may require help in enforcing a child support order or requesting garnishments.

Modification of court orders – If circumstances have changed significantly since the last court order, it may me appropriate to petition for a modification. For example, child support or visitation orders may me modified given a material change in circumstances.

Annulments

Under specific circumstances, a marriage may be legally invalidated. A person may bring a suit for annulment on the grounds of fraud, duress, nonage, bigamy, defective licensing, violation of the kinship intermarriage prohibition, or lack of capacity to consent to marriage. 

A marriage that is annulled is declared legally void and there is no need for a divorce proceeding. 

Grandparents’ rights and relatives’ rights –Grandparents and grandchildren do have the right to see each other under some conditions. However, Virginia courts are unlikely to award grandparent visitation over the objection of parents.  One must also consider the family relationships that may deteriorate further with legal action. If you would like some more information on this delicate topic, please contact the attorneys at Aoun & Stanford, P.C..

Premarital agreements – Premarital or “prenuptial” agreements are contracts entered into before marriage. In contemplating marriage, parties may wish to safeguard assets. Our lawyers can draft or review these agreements. 

Legal Separation –

Parties are required to be separated for one year before they can file for divorce in Virginia unless the parties have no children between them and they have signed a Separation and Property Settlement Agreement.

Parties are separated if they live separate and apart without cohabitation and without interruption for the specified period of time. Some parties are legally separated and still living under the same roof, so you may want to seek legal advice for more information on the definition of separation. 

There are many issues involved with marital separation such as spousal support and maintenance, child support, living arrangements, child custody and visitation. We can help parties negotiate a separation agreement or represent our client’s interests in court.

Name Changes

Parties may wish to change their name after a divorce. If a person wishes to change their married name back to their maiden name, they may be able to do so as part of the divorce action. 

We can also assist you in name changes outside the context of divorce as well as changing a child’s name.

Step-parent Adoption  

Step-parent adoption totally severs the legal relationship between the child and their parent.  Therefore, the complexity of step-parent adoptions are dependant on whether both parents and the step-parent consents, or if a birth parent has died and the remarried parent and step-parent consent.  Please contact us for more information on the procedure and costs of a step-parent adoption.

Paternity

The question of who is a child’s father is not necessarily an easy one. 

Paternity may be established by submitting proof of:

• A written statement made under oath by both parents
• Scientifically reliable genetic tests

• Open cohabitation or sexual intercourse between the parents at the time of conception
• Medical or anthropological evidence
• Parental consent of the use of the father’s surname
• Documentation of the parent claiming the child to be his
• Acknowledgment of paternity
• Admission by the father under oath

• Domestic Violence – For those who are victims of domestic violence, we can speak with you about resources that are available through the community and be your advocate through the legal process. 
   

The lawyers at Aoun & Stanford, P.C. are here to assist you with the variety of legal issues that may affect your family.

We frequently address these common questions that arise from a divorce:

• How do I file for divorce?
• How long does it take to get a divorce?
• What if my spouse doesn’t agree to the divorce?
• How long to I have to be separated from my spouse before I can ask for a divorce?
• Can we be separated and still be living in the same house?
• What are the living arrangements going to be while a divorce is pending?
• If there are children, who are the children going to live with?
• Who is going to support the children and possibly one of the parties?
• How is the property going to be divided?
• What is mediation? Is mediation an appropriate tool for our situation?
• How is child support calculated?
• How is spousal support, or alimony, calculated?
• What do I do if my child’s parent isn’t paying child support?
• Are there any special considerations for a military divorce?
• What if one party wants to relocate or move to another state?
• What if my child’s parent is not paying child support?
• How do I prove paternity?