Virginia Beach Divorce Attorneys

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Virginia Beach Divorce Attorneys

Questions, concerns, and frustrations are an inherent part of going through a divorce. However, you do not have to handle them alone. You can hire an experienced Virginia Beach divorce attorney as your advocate. Your attorney can address all of your issues and provide you with the guidance you need during your divorce. There are several crucial parts of a divorce that you should be aware of, such as alimony and how the divorce filing process works.

Will You Receive Alimony?

One of the most common and pressing questions asked of a Virginia Beach divorce lawyer is if alimony will be available. Under Virginia divorce laws, family courts can grant alimony in certain circumstances. Each divorce is unique, and there is no one-size-fits-all answer as to who or who won’t receive alimony or how much they will receive. Each judge must use their discretion and consider many factors, including the:

  • Duration of the marriage
  • Earning capacity of both spouses
  • Age and health of both spouses
  • Respective financial positions
  • Monetary contributions to the family during the marriage
  • Non-monetary contributions to the family during the marriage
  • Prospects of the parties
  • Division of marital property
  • Standard of living during the marriage

If either spouse does not want a judge to make a determination on alimony for them, the couple can negotiate an alimony agreement with the help of a Virginia Beach divorce attorney. This agreement can be presented to the presiding judge.

Keep in mind that sometimes alimony is only temporary, and other times it is permanent until one of the spouses passes away or the receiving spouse remarries or lives with someone else in a relationship analogous to marriage for over one year.

The Process of Filing for Divorce

The spouse who seeks the divorce files a document referred to as a complaint in the city or county court where the parties last reside together as a married couple. They can either file this document themselves with the appropriate court, or they can hire a Virginia Beach divorce lawyer to represent them and file the complaint for them. 

The complaint needs to include specific information such as:

  • The date and place of the marriage
  • Each spouse’s current living arrangements
  • Each spouse’s military status
  • The satisfaction of the residency requirements
  • The grounds for divorce
  • The satisfaction of the separation period, if applicable
  • The identification of any children born or adopted during the marriage

The spouse that is filing for divorce has the responsibility of ensuring that the complaint and a summons are delivered to the other spouse. Their attorney can arrange this service, which is usually handled by a sheriff or process server.

Let a Virginia Beach Divorce Lawyer Represent You

Although it is not a requirement to have legal representation when going through a divorce, it is strongly recommended. Without your own attorney, you may be unaware of certain rights or options that you are entitled to. You might not file your divorce correctly or respond to a divorce complaint in the manner that you should. It simply is not worth the risk to legally manage your own divorce. Contact us to schedule your divorce case review today with an attorney at Mahoney Richmond Thurston, PLLC.