Manassas Divorce Lawyer

If you’ve decided divorce is the inevitable conclusion for your marriage or you’ve been served with divorce papers from your spouse, a Manassas divorce lawyer from Collins Family Law is ready to help you navigate the legal process. For years, our skilled Manassas family law attorneys have been advocating for clients just like you. When you work with someone on the Collins Family Law team, you’ll be able to get guidance and legal assistance on common issues facing divorcing spouses, such as: 

When we work with individuals needing a divorce in Manassas, we offer a compassionate and tailored approach to your case. Our utmost priority is listening to you and supporting you through this complex and challenging time. Contact our Manassas family law attorneys today so we can begin advocating for your goals and best interests throughout the divorce process. We always offer a free, no-obligation case evaluation when you get started with us.

Why Choose Us As Your Manassas Divorce Attorneys?

Collins Family Law attorneys

At Collins Family Law, our family lawyers have years of experience guiding clients through the Virginia divorce process with meticulous attention to detail and assertive representation to protect their interests. Our Manassas divorce attorneys understand the sensitive nature of this type of legal case and its serious impacts on your family life going forward. At Collins Family Law, you’ll have the following:

  • The individual attention of a Manassas divorce attorney dedicated to your divorce case
  • The collaborative efforts of a legal team of experienced lawyers
  • A resolution-based approach to resolve disputes through a divorce settlement agreement whenever possible to save the expense, time, and adversarial nature of a court battle
  • Assertive advocacy, meaning we won’t hesitate to vigorously represent your interests in court when required to achieve the best possible outcome
  • Compassionate care and attention to all the details and needs of your case

Virginia’s laws for divorce are uniquely complex, with options for a no-fault or grounds-based divorce and exacting laws for the equitable distribution of marital property. You’ll need skilled and experienced legal guidance from the Manassas divorce lawyers at Collins Family Law to guide you throughout the process.

Manassas Family Law Resources & FAQs

What Are the Requirements for a Virginia Divorce?

A smooth divorce process in Virginia requires a comprehensive knowledge of the state’s divorce laws including the requirements for a divorce.

To divorce in Virginia:

  • At least one spouse must have been a resident of the state for at least six months
  • Spouses must choose a no-fault divorce or a fault-based divorce in Virginia

Documentation Needed for A Virginia Divorce

To file for divorce in Virginia, you need a Complaint for Divorce, a VS-4 form, and proof of residency for at least six months. Additional documentation includes a property settlement agreement, child custody and support agreements, and financial statements.

A skilled divorce lawyer from Manassas with years of practice in Virginia’s unique divorce laws helps you identify and achieve your objectives for the divorce process itself and for your life moving forward after the divorce.

Fault Or No-Fault Divorce: What Divorce Is Right For My Situation?

In Virginia, like many states, couples can choose to pursue a fault or no-fault divorce. A fault divorce is based on grounds – essentially, the circumstances yielding one party to seek divorce proceedings.

A fault divorce can be filed on grounds such as:

  • Adultery: A spouse seeking a divorce on the grounds of adultery must have clear and convincing evidence that there was sexual intercourse outside of marriage.
  • Cruelty: A spouse seeking a divorce on the grounds of cruelty must prove that there  was “cruelty or reasonable apprehension of bodily hurt.”
  • Desertion: A spouse seeking a divorce on the grounds of desertion must prove that the other partner intended to abandon their marital duties. This desertion must occur for one year for it to count.
  • Felony Conviction: Additionally, if a partner receives a felony conviction that has them serving a year in prison AND the convicted partner does not cohabitate with the spouse after their imprisonment, this is grounds for divorce.

A no-fault divorce, in contrast, is where no one party is blamed for the circumstances resulting the desire to divorce. No-fault divorces have different requirements, such as the following:

  • Spouses with no children must have been separated for at least six months and have a separation agreement in place for a no-fault divorce
  • Spouses with children must live separately for at least a year

Is Virginia a 50/50 Divorce State?

A Virginia divorce requires both spouses to divide their assets and debts in a way that’s “fair and equitable.” Unlike community property states, a Virginia divorce doesn’t compel both parties to separate assets and debts exactly 50/50 but instead asserts that spouses make all reasonable efforts to reach a fair and equitable settlement agreement. It’s important to understand that only marital property is split during divorce proceedings, despite this agreement. 

Things that are not considered during a 50/50 divorce include: 

  • Property Owned Before the Marriage
  • Gifts
  • Inheritances

If divorcing spouses cannot agree on one or more aspects of their divorce, it becomes a contested divorce with a judge deciding all disputes in court after both sides present evidence and testimony supporting their objectives. Contact a Manassas property division lawyer if you need help with equitable property and asset distribution in a divorce.

Child Custody in a Divorce in Manassas

According to Virginia Code § 20-124.2., the court makes no preference between mothers and fathers but makes all child custody decisions in a child’s best interest. The law states, “The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody.”

These typical custody arrangements are defined as follows: 

  • Joint Legal: Both parents share decision-making responsibilities for the child’s upbringing.
  • Joint Physical Custody: The child lives with both parents for significant periods, ensuring regular physical contact with both.
  • Sole Custody: One parent has primary physical and/or legal custody, with the other parent typically having visitation rights.

In the best-case scenario, divorcing parents reach a mutually acceptable physical custody agreement, a legal custody (decision-making) agreement, and a shared custody schedule that works for their family. The experienced Manassas child custody lawyers at Collins Family Law are ready to help you negotiate a workable child custody schedule and the appropriate child support orders.

Child Support In Virginia

Custody agreements usually impact awards of child support. If the spouses do not have equal time, the spouse that has primary custody will be owed child support. The courts will use a formula to calculate how much child support is owed.

In addition to child support requirements, childcare costs and insurance premiums will be split between the two parties. A Manassas child support attorney can help ensure that your child(ren) will receive adequate financial support.

How Does The Virginia Divorce Process Work?

If you’re seeking a divorce in Virginia, this is the general process that will happen. Of course, when you work with the skilled lawyers at Collins Family Law, they will helpfully lead you through the following process.

The steps for filing for divorce are as follows:

  1. Determine the circuit court to file in. This is set by the county in which you live.
  2. To instigate the proceedings, you must serve them the spouse’s divorce papers. This can be done by a sheriff or a hired process server. According to Code of Virginia § 8.01-296,  the person serving the papers must serve them directly or give them to a resident who also lives with the individual. The papers must also be mailed as well.
    • If it is not possible to serve your spouse with the divorce papers through the aforementioned means, you’ll need to notify the court. In this process, the judge will ask you to publish a notice to serve in the newspaper for four weeks. At the end of that period, if your spouse still doesn’t respond, the judge will likely move the case forward as if they had.
    • When you file a no-fault divorce and serve your spouse papers, they cannot stop you from divorcing them. However, the process will potentially be more expensive and time-consuming if things are contentious.
  3. At this point, your spouse (if they receive the notice to serve) will file an answer or waiver. Their choice will largely depend on whether they’re contesting anything in your filing or not.
  4. Contested divorces (regardless of fault or no-fault) will go to trial. Uncontested divorces may have a hearing, but will largely be a matter of filing paperwork.
  5. Regardless of whether the divorce was contested, uncontested, fault or no-fault, the judge will decide on granting the divorce, as well as allocating a framework for the divisions of assets.

While this may seem straightforward, there are many parts to each of these steps that can create more or less complexity in your divorce proceedings. This is why hiring a Manassas divorce attorney to guide you through the divorce process is crucial.

How Much Does A Divorce Cost In Virginia?

In Virginia, the cost of divorce varies depending on the situation facing the parties involved. Divorces can range in price from $100 for a non-contested divorce and up to the thousands for contested divorces.

An experienced Manassas divorce attorney from Collins Family Law will help you maximize what you pay to receive the divorce that will best suit you and your family’s needs.

Call Our Manassas Divorce Lawyers Today

During an emotionally fraught legal matter like a divorce, you need a Manassas divorce lawyer who can guide you through the divorce process with empathy, responsiveness, and keen insight into the best way forward. Our compassionate and caring divorce lawyers will help you have the best possible outcomes when you’re experiencing a divorce in Manassas. 

Contact the Manassas divorce lawyers at Collins Family Law today for prompt, personal attention regarding your divorce case. Schedule your consultation by calling (703) 755-7343.