Divorce Attorney in Fredericksburg, Spotsylvania & Stafford, VA
Trusted Divorce Lawyer
It is better in a legal matter to have a lawyer. It is even better to have one who knows what he is doing. Michael J. George has been a lawyer for almost 20 years. If you are going through a divorce, it might be a good time to have an experienced ally on your side. Let us work for you and help you achieve what you need to move forward. Some of the general issues you will need to consider are discussed briefly below.
Contested Divorce
A contested divorce is where the parties disagree about one or more of the issues involved whether it be the grounds for divorce, spousal support, custody, visitation or a property issue.Although sometimes the contested issue is the grounds for the divorce itself: whether the court should grant the divorce on grounds such as adultery, desertion or cruelty. More often, the issue is contested on the issues of finances, property division, pension allocation, spousal or child support, or child custody. A lack of agreement on anything makes the divorce a contested case, whether or not the parties both agree that they should get a divorce.
Uncontested Divorce
An uncontested divorce is where the parties have no issues unresolved. Custody, support and a division of property have all been agreed upon. There is nothing on which the parties disagree. If that is the case, a Separation Agreement should be signed by everyone and the Agreement would later be incorporated into the Final Decree of Divorce.
Uncontested divorces can generally be filed after one-year of separation or after six-months of separation, depending on the circumstances. These divorces can be processed quickly. All issues must be resolved; the parties must have lived apart for the required period of time; and the spouse is willing to cooperate.
Not everyone needs to go through an acrimonious courtroom battle to get a divorce. If you and your spouse can work cooperatively together and agree on family and legal issues (child custody, visitation, child support, alimony, and property division) you can divorce without a trial.
Working with an attorney, you can negotiate any areas where you do not agree and work out a agreement between the parties. Your lawyer can then present the agreement to the court who can issue you a divorce decree. This process is less contentious than litigation, and it often saves the couple time and Property Division.
Division of Assets
Marital assets are subject to division by the court and can include: military retirements, federal retirements, marital home, pensions, TSPs, IRAs, 401(k), savings, investments, motor vehicles, boats, airplanes, furniture, dishes, linens, tools, real estate, artwork, firearms, precious metals or gems, jewelry, etc. Basically everything bought, purchased or even found during the marriage is likely marital property. Marital debts are debts incurred during the marriage for a legitimate marital purpose.
Unfortunately, division of the things accumulated during the marriage is typically one of the most hotly contested parts of any divorce. According to Virginia law, there should be an equitable distribution of all marital property and debts between the two spouses. Equitable doesn't always mean equal. How a divorce court might divide these assets and debts between the parties, how the court values the property and what considerations go into making a decision is a complicated minefield and an experienced lawyer is necessary to help guide you in making decisions and protect your interests.
Mr. George works tirelessly to help clients reach agreements in property division disputes. When they cannont agree, he works just as tirelessly to make certain his client is treated fairly. whether it is a high or low asset case or whether there military or federal pension issues or whether there are issues involving business valuation or other complex property division matters, Mr. George can help.
Spousal Support
The person ordered to pay spousal support almost always feels it is unfair. The person receiving support almost always feels it is too little and unfair. The reality is that if a married couple separates and there is a large enough income difference between the two parties, one party may well be ordered to pay a sum of money to the other party. The key in this litigation is to get the "right" amount for the "right" amount of time. What is "right" is something Mr. George and his client will have to determine in consideration of the circumstances.