Divorce Attorney

Family Law Divorce Attorneys

Divorce Attorney

Fairfax Divorce Attorney

Any legal issues related to families can be complicated, and they take a heavy emotional toll on everyone involved. Family law concerns often stand to completely change the lives of families and children, and these delicate topics must be handled with care and skill. A divorce attorney who is experienced with divorce, custody, alimony, and other family law matters can help you achieve your legal goals quickly, effectively, and with minimal stress—while also protecting your rights and making sure your concerns are heard.

hand signing a contract with a divorce attorney

Fairfax Divorce Attorney Helping You Protect Your Family and Your Future.

Any legal issues related to families can be complicated, and they take a heavy emotional toll on everyone involved. Family law concerns often stand to completely change the lives of families and children, and these delicate topics must be handled with care and skill. A divorce attorney who is experienced with family law can help you achieve your legal goals with as little stress as possible while also securing your rights.

If you live in northern Virginia and have questions about a family-related legal issue you are facing, don’t hesitate to reach out to us at 703-691-8333 for confidential answers and support. The Fairfax divorce attorneys of KFFJ Law have many years of experience with family law cases of all kinds throughout Northern Virginia, and we would be happy to talk through your concerns with you in a comfortable and approachable environment.

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What to Look for in a Divorce Attorney

The divorce attorney you choose for a divorce or family issue can make a big difference in both how it resolves and how difficult the legal process is. As you look for someone to help you with a divorce or another issue, you should take the time to speak with several attorneys and look for someone who:

  • Has extensive experience with family law cases.

  • Explains difficult topics in clear language.

  • Is a good listener.

  • Makes you feel comfortable.

  • Has courtroom experience.

  • Is familiar with the courts and laws in your area.

Fairfax Divorce Attorneys Helping You Protect Your Family And Your Future. Serving All Of Northern Virginia And The DC Metro Region

It is our goal with every client to come up with effective legal strategies that are in line with their real goals and priorities. We are local divorce attorneys with strong ties to the community and an approachable attitude, but we are also aggressive and highly experienced trial lawyers who advocate for clients with precision and skill.

Our Fairfax Divorce Attorneys Focus on Effective Resolution in Divorce, Child Custody, and Other Matters

We believe an effective resolution is firmly based on meeting the client’s individual needs and concerns. The experienced divorce attorneys with KFFJ Law always aim to thoroughly understand and discuss your goals and priorities for:

  • Divorce. Ending a marriage can mean making many complex decisions about property division, equitable distribution, retirement benefits and pension, foreclosure, job loss and income issues, and more. There are some situations that also add difficulty to the process, such as high-asset or military divorces.

  • Separation – While the law in Virginia doesn’t allow for a “legal separation,” it is possible to file for a limited divorce under state law that is similar to “separation” in other states.

  • Spousal support – Spousal support or alimony can be a big issue in divorces, and individuals often need help determining income and finding assets.

  • Child custody and visitation – Protecting children is always a priority in the legal process, and skilled legal guidance makes a difference in cases involving grandparent rights, child support, child support modifications, fathers’ rights, modifications and enforcement, relocations, and other issues affecting children.

  • Paternity – Fathers sometimes struggle to protect themselves and their children in the legal process, especially when paternity is in question.

  • Prenuptial agreements – Preparing for a marriage often means agreeing on difficult issues and future potentials that are difficult to think about, so it’s important to approach the topic with care and skill.

  • Other family law issues – Any issues that change the shape of your family or impact your children are an obvious concern, and it helps to have legal guidance and support as you make potentially life-altering decisions.

When fair and amicable agreements aren’t possible, our divorce attorneys are highly experienced in litigation and formal mediation, and we are passionate advocates for our clients in the courtroom. No matter what surprises crop up along the way, our ultimate goal is to help you come to a resolution that you believe is fair and provides the best outcome for you and your children.

Frequently asked questions

Find useful responses to frequently asked questions. Please note that this is not legal advice, contact our divorce attorneys to discuss your case.

Health insurance is expensive. If both spouses have their own insurance plans, health insurance coverage isn’t typically an issue during a divorce.

However, both spouses may have health insurance from one spouse’s employer. In this situation, a divorcing couple must decide what will happen to their health insurance when the divorce is final.

Health Insurance While Divorce Is Pending

Until your divorce is final, your health insurance coverage should continue as it was before filing for divorce. Whether you are the spouse who petitioned the court to end the marriage or the spouse responding to the divorce complaint, your health insurance should remain unchanged.

Virginia law specifically provides this protection to both spouses by allowing the court to order the continuation of health insurance coverage while divorce proceedings are pending. Therefore, if a spouse tries to end health insurance coverage for the other spouse before the divorce is finalized, and the insured spouse objects to the end of that coverage, the court may order health insurance to continue.

Health Insurance After Divorce

Health insurance coverage for a spouse should continue during a divorce, but it will not continue unchanged after a divorce. Health insurance companies allow spouses to cover family members on their health insurance policies, but once you are divorced, you are no longer legally related, and your ex-spouse cannot include you on a health insurance policy.

After the divorce, your health insurance coverage options may include getting:

  • Health insurance through your own employer. A divorce is a triggering event that allows you to sign up for health insurance outside of your open enrollment period.
  • COBRA coverage for a period of up to 36 months. You must notify the administrator of your ex-spouse’s health insurance plan of your decision to use COBRA within 60 days of your divorce.
  • Private health insurance. Private insurance can be very expensive. While your ex-spouse may not have to pay your health insurance premiums, the cost should be considered when determining spousal support.

If you have children, their health insurance coverage should be part of your child support agreement. Additional options may be available for military families.

Contact KFFJ Law

Don’t get caught by surprise with substantial health insurance costs after a divorce. Instead, make sure your health insurance needs are considered in your Virginia divorce agreement. Please read our free article for more tips on planning for divorce, or contact us today to get your questions answered.

Substance abuse may be relevant to some aspects of your divorce agreement or court decree. Therefore, you should share your spouse’s substance abuse problem with your divorce lawyer as soon as possible.

Substance Abuse as Grounds for Divorce

Substance abuse is not listed as a statutory reason for an at-fault divorce in Virginia. However, if substance abuse leads to a felony conviction, puts you at risk for physical harm, or causes your spouse to desert you, it could be a reason for a fault-based divorce. Otherwise, substance abuse may be the reason that you seek a no-fault divorce.

Since you can seek a no-fault divorce in Virginia, grounds for divorce may not be your primary concern. Instead, you may be worried about the details of your divorce.

How Substance Abuse Impacts a Divorce

In most cases, your spouse’s alcohol or drug addiction will not affect alimony, division of marital property, or division of marital debt. However, if your spouse spent a significant portion of your family money on drugs or alcohol or incurred debt because of his addiction, it could impact alimony and the division of marital assets and debts.

Substance abuse is more likely to impact child custody and visitation. The courts decide child custody issues based on the best interests of the child and not what is equitable for the divorcing spouses. Therefore, if you can prove that it is not in your child’s best interests to spend time with a parent who abuses drugs or alcohol, you may be able to prevent your child from spending unsupervised time with the parent who is not always sober.

If you’re worried about your children’s safety due to your spouse’s substance abuse, our experienced family law attorneys will help you obtain a fair and legal divorce settlement that protects your kids. To learn more, please fill out our online contact form, or call us today.

Virginia, unlike many other states, does not recognize “separation” as a legal status in a no-fault divorce. Therefore, there is no special designation that you need from the court in order to be legally separated before you seek a divorce.

You Still Need Proof That You Were Separated

In order to get a no-fault divorce in Virginia, you must either be separated from your spouse for one year or, if you have no minor children, be separated from your spouse for six months with a separation agreement in place.

Without a formal separation designation from a court, you will need to prove the date which you separated. Generally, Virginia courts consider the date of separation to be the date on which one of the spouses decided that the marriage was over and informed the other spouse of that decision. This may have been done through a conversation or in writing (typically, via email or text).

If the date of separation is in dispute, the court may consider things such as:

  • Whether there is a voluntary settlement agreement that is dated and signed
  • When you and your spouse began to identify yourselves as separated to family and friends
  • Whether you continue to attend events or go out together
  • Whether you live in the same house and, if you do, whether you share a bedroom

If there are grounds for divorce such as adultery, desertion, or cruelty, there are legal options that are not used in a no-fault divorce case. For example, either spouse may request temporary relief from the court to resolve immediate issues of child custody, spousal support, and use of the marital home. Additionally, a spouse may file for a limited divorce—known as a divorce from bed and board. If a divorce from bed and board is granted, neither party may remarry or legally engage in sexual relations with anyone else.

Voluntary Separation Agreements

While Virginia law does not typically require separation agreements, the spouses may choose to negotiate a separation agreement that resolves issues such as child custody, child visitation, spousal support, use of marital property, and property division pending a final divorce.

If you are interested in entering a voluntary separation agreement or establishing a clear date of separation from your spouse, it is important to contact an experienced divorce lawyer as soon as possible. Our lawyers understand that the decisions you make now will significantly affect you and your family. We will always listen to your concerns, provide you with honest advice, and help you make a realistic plan to achieve your goals. Contact us today.