Committed To Guiding Families Of Fairfax Through Divorce
Divorce can be an emotionally and legally complicated process and when
you and your loved ones’ futures are at stake, you deserve to work
with exceptional legal advocates.
Malinowski Hubbard, our lawyers have extensive experience guiding clients through all manner
of divorce proceedings. With our straight-talk communication style, we
ensure that you will always know the status of your case and your legal options.
If you are working through or anticipating a divorce, our firm can provide the dedicated representation you deserve.
How Do I File For Divorce in Fairfax County VA?
To get a divorce in Virginia, either you or your partner need to be a local
resident in the state of Virginia for at least 6 months prior to declaring
divorce. If there are no children from the marital relationship, you must
be separated for a minimum of six months and have a written residential
or commercial property.
Why Choose Malinowski Hubbard, PLLC?
Recognized in Best Lawyers® and Super Lawyers®
Over 40 Years of Collective Legal Insight and Experience
Top Rating for Ethics & Talent (AV Preeminent® Rating)
Legal Careers That Have Been 100% Focused on Family Law
Call (703) 935-4222 or
send an email to reach us today. Start getting the legal answers you can depend on.
How Do I Get a Divorce in Virginia?
Whether you settle through mediation or go to court, our attorneys can
provide tenacious representation. We can handle issues that may arise
high net worth divorces, asset division, and
family law matters.
Here are three things you need to know about divorce in Virginia:
The cost for filing for divorce is $108.00. This includes a name change order if you want to revert to your maiden
name, which is $22.00. Without the name change, the cost for filing a
divorce claim is $86.00. The average cost for the entire divorce process,
however, is $14,500. This includes attorneys’ fees, compensation
for witnesses and others involved in a trial, and the cost of filing and
copying documents. The divorce cost goes up if there are minor children
involved, or if the case involves large assets.
On average, it takes one year to get a divorce. Virginia courts require a one-year separation period before validating
the divorce, or six months if no minor children are involved. For contested
divorces, the minimum of a one year separation period still applies. If the
ground for divorce is adultery, however, there is no waiting period. If you can prove your spouse committed
adultery, you can immediately obtain a divorce without waiting.
In Virginia, you can file for divorce without an attorney. Under Virginia law, you can represent yourself in
divorce proceedings. You must draft a Bill of Complaint and serve it to your spouse, who then
has 21 days to respond. Your spouse has 30 days to respond if residing
in another state, or 60 days to respond if residing in another country.
After serving your spouse, you must attend a
Pendente Lite hearing regarding issues of child custody and visitation rights, and then
draft a deposition outlining the grounds for divorce. After writing the
deposition, you must create a marital settlement agreement with your spouse
and present it to a judge for approval.
If you are seeking divorce in Virginia, having experienced representation
can help ensure you don’t forget important steps or miss any deadlines.
Whether your case is uncontested or contested, Malinowski Hubbard, PLLC
can provide the legal advice and representation you need. We can guide
you through every step of the process and handle any issues that may arise.
What Does Divorce Involve in Fairfax County?
Our lawyers have successfully negotiated many amicable
settlements in divorces, enabling our clients to legally finalize this emotional process and avoid
the added stress and cost of going to trial.
If a settlement out of the courtroom is not possible, we are equipped to
provide you with vigorous, competent representation at trial. From matters of
child custody to
gray divorces to seeking or defending against
protective orders, we can safeguard your rights and can keep you informed and fully involved
throughout the process.
We are experienced in litigating a wide range of divorce cases, including
complex financial matters in
asset division. These complex financial matters include, but are not limited to:
Discovery of hidden assets
Division of retirement accounts
Protecting separate assets, such as inheritance
Dividing hybrid assets that are part separate and part marital
Decisions regarding the
division of property can often be a point of contention and when spouses cannot come to an
agreement, a court will dictate the terms of division and distribution.
Virginia is an equitable distribution state, meaning that property will
be divided fairly between spouses based on each spouse’s total contribution
to the marriage among other factors. However, “fair” does
not always mean “equal” and consulting with our firm can help
to see that you receive your appropriate share of the marital assets.
Contact us today to speak with a skilled attorney from Malinowski Hubbard, PLLC!
Types of Divorce in Virginia
Generally, there are two main avenues for the dissolution of marriage:
contested and uncontested divorce.
In cases where spouses can reach agreements outside of a courtroom or through
processes such as mediation, an uncontested divorce may be appropriate.
This method can be less costly and more expedient as litigation is usually
In cases where disputes exist regarding one or more major issues, however,
a court hearing may be inevitable. This is known as a contested divorce
and in Virginia, spouses have the option of pursuing a “fault”
divorce against one another.
Grounds for a fault divorce can include:
The abandonment of a spouse
Abuse or threats which cause reasonable fear for a spouse’s safety
A spouse is convicted of a felony punishable by more than one year in jail
Virginia Residency Requirements
There is also a residency requirement which divorcing spouses must meet,
regardless of the
route for divorce they pursue.
In Virginia, to be eligible to file for divorce, one spouse must live in
the state for at least six months. Furthermore, spouses may be required
to live apart for a period of six months to one year, depending on the
method of divorce and whether there are any minor children.
This requirement may be different for members of the military.
Nationally Recognized Attorneys
When the future of your family is on the line, look no further than Malinowski
Hubbard, PLLC. Only a select number of attorneys in the United States
are chosen to be
Fellows of the American Academy of Matrimonial Lawyers (AAML). Christopher Malinowski is one of those select few and is recognized as
a leading figure in the field of divorce and family law, having earned
this recognition by demonstrating exceptional talent, insight, and integrity
in his legal practice.