Dealing with a legal issue is never easy. However, when your legal troubles involve family, it can make the entire process far more difficult, emotionally taxing, and potentially costly. Fortunately, when you have our experienced and compassionate Blacksburg lawyers at Select Law Partners PLLC working for you, you can rest a little easier.
We’ll help you put forth your family’s interests and protect you from being harassed or taken advantage of by other parties. It is our goal to help you exercise your rights and take back control of your life. Contact our office for a confidential consultation today to learn more about the intricacies of your family law issue and what your next steps should be.
What kinds of issues fall under family law?
Blacksburg, VA family law matters can take several forms. Essentially, any type of legal issue involving a family member, child, or other household member could fall under a family law issue. This could include protective orders, guardianship rights, grandparent’s rights, adoption, and more.
Some of the most common types of issues that our skilled attorneys handle include:
- Divorce
- Child custody
- Child support
- Paternity
- Property division
- Spousal support
- Visitation
- Parenting time
Divorce
Getting divorced often has a negative connotation. However, it could be one of the best ways to regain control of your life and get out of a marriage that was not built to last. To get divorced in Virginia, you or your spouse must be a resident for at least six months before you can file in this jurisdiction.
If you want to get divorced by agreement, often called an uncontested divorce or “no-fault” divorce, you will also need to have a property settlement agreement signed by both parties and be separated for at least six months if you do not have children. If you have children, parties must be separated for at least one year to be granted a divorce unless one of the parties can prove adultery by the other party.
In addition to determining the division of your marital property and assets, you will also need to consider whether spousal support (sometimes called alimony) needs to be discussed as part of your divorce settlement terms.
Spousal support can be awarded after a judge considers a list of factors laid out under the Virginia Code in Section 20-107.1. Spousal support can be awarded pendente lite (meaning “pending the litigation,” so it is temporary) or on a long-term basis upon the final divorce – depending on the specific circumstances of your case. Courts will take into consideration the following when determining whether alimony should be awarded in your divorce:
- Both spouse’s income
- Both spouse’s earning capacity
- What each spouse brought into the marriage
- Whether there are minor children
- The length of the marriage
Child custody
Your Blacksburg lawyer family law advocate can also help you exercise or obtain your child custody rights. In Virginia, there are two types of child custody, legal and physical.
Physical custody
Physical custody refers to the parent with whom the children primarily reside. This parent is known as the custodial parent, while the parent with visitation is known as the non-custodial parent. Parents can share joint physical custody, meaning your children will spend more than 91 days each year at each parent’s homes, or sole physical custody, which means the children will primarily live with the custodial parent, and the other parent may or may not have visitation or parenting time rights.
Legal custody
Legal custody refers to all the decision-making that comes with raising your children, such as decisions regarding education, health, and general welfare. This can also be shared or sole. With shared legal custody arrangements, parents will co-parent their children and make all major decisions together. With sole legal custody arrangements, the parent with sole legal custody will be responsible for making these decisions and may not be legally required to work with the other parent in making these decisions.
Child support
Child support is one of the most common issues seen in family law in Blacksburg, VA. Child support will be awarded to one parent in every case. Even if both parents are equal earners in shared legal and physical custody, one parent will pay the other child support. Child support is generally determined by using a statutory guideline that considers each party’s gross monthly income, any work-related childcare expenses, and health insurance costs that can be directly allocated to the children.
Additionally, credits can be given for children from other relationships, child support paid to other parties, and at times, a court can deviate from the guidelines for various reasons.
Both parents have a legal obligation to support their child financially. If one parent is a lower earner, the higher earner may be expected to pay child support depending on the income difference and your child custody arrangement. Other factors that will be taken into consideration when determining the child support payment amounts include:
- Whether one parent is supporting other family members
- Health insurance considerations
- Imputed income when one parent is voluntarily underemployed or unemployed
- Visitation costs
- Medical expenses
- The child’s standard of living before parents separated or divorced
- Potential tax consequences
- Both parent’s earning capacity, resources, debts, and needs
- Both parent’s physical and mental health
- Whether shared children have any type of special needs
Generally, child support obligations will stop if your child becomes legally emancipated or when they reach the age of 18. However, children who are still in high school, living in the custodial parent’s home, and not self-supporting may continue to receive child support after the age of 18. This can continue until they graduate from high school or reach the age of 19, whichever first occurs.
It is more common than you might think for parents to avoid their child support responsibilities. When this happens, the Division of Child Support Enforcement (DCSE) can be responsible for taking enforcement actions, or you can do so on your own or with an attorney. If you should be receiving child support, you can file a formal request for enforcement of your child support order, which will allow DCSE to take action on your behalf. The parent expected to pay child support could be found in contempt of court, fined, and even face jail time or suspension of their driver’s license.
Paternity
In 2023, it is not unusual for parents to have children out of wedlock. Marriage is not necessarily right for every couple. However, that does not mean paternity does not need to be established. Fathers may want to establish their paternal rights so they can implement a fair child custody arrangement or get a visitation or parenting schedule in place. Mothers may need to establish paternal rights to hold fathers accountable for their financial child support obligations.
Once paternity has been established, the father will have legal rights to visitation and parenting time. If parents are married when a child is born, Virginia law presumes that the husband is the legal father of the child, and his name will be included on the child’s birth certificate.
However, if parents are not married when the child is born, the child does not have a legal father until paternity is established in court. Under Virginia law, paternity can be established involuntarily through a court paternity test or voluntarily when a father signs a voluntary acknowledgment of paternity form. Both the mother and father have the opportunity to acknowledge paternity with a voluntary acknowledgment of paternity, which can be contested for a limited amount of time. Only when paternity has been established voluntarily or by the court can the father’s name be placed on a child’s birth certificate.
Property division
When you divorce, you might have concerns that your marital property will be divided equally between you and your spouse. However, this is true only in community property states. Virginia follows an equitable distribution scheme. Instead of marital property being divided equally, it will be separated equitably or fairly. This makes it more difficult for one spouse to take advantage of the other during divorce proceedings.
Any property that was brought into the marriage or kept separate during the marriage is presumptively separate and generally will not be included as part of this property division process. You should do everything possible to divide the property, debts, and assets of your marriage with your soon-to-be former spouse by agreement. Otherwise, these decisions will be made by the judge presiding over your case.
What are the benefits of working with a family lawyer in Blacksburg?
The benefits of working with a Blacksburg family law attorney are undeniable. Family law issues are often contentious, and having an experienced legal advocate in your corner can make you feel empowered to take charge of your life. The laws surrounding family issues can also be strict and complex.
Our skilled family lawyers have spent years studying and working with these laws, so we have an in-depth understanding of what we need to prove for your case to be successful. You can get back to your life sooner with a family law attorney working on your case.
What to look for when hiring a family law attorney
When you are thinking about hiring a family law attorney, there are certain things you should look for in the right legal advocate for you and your family.
Think about your goals
You need a family lawyer who will prioritize your personal goals. For instance, if you hope to get divorced as quickly as possible, you may want to move forward with a no-fault divorce, even if your spouse is responsible for the demise of your marriage. However, if your goal is to retain specific marital property or secure spousal support, a fault-based divorce may be more appropriate.
Experience
Having a family law attorney who has extensive experience in Blacksburg area family courts is critical. We understand the local courts in Montgomery County and the surrounding jurisdictions, so we understand how presiding judges handle family law cases and what evidence they expect. We have built relationships with community attorneys, which could make it easier for you to get the outcome you are hoping for.
Communication
Make sure your family lawyer is open to communication. You want to contact your attorney when you have questions or concerns about your case without having to wait days or even weeks for a callback. At Select Law Partners PLLC, you are more than a client. We genuinely hope to help you get through these difficult times in your life and make it a point to prioritize communication.
Fees
Before you agree to work with a family law attorney, make sure you go over their fees. You may be expected to put down a retainer to cover some of the costs associated with building your case. It is important to understand how your attorney is going to bill you for their services and how much you can expect to spend on your case at the end of the day. Generally, the family law attorneys at Select Law Partners work from retainers and bill at an hourly rate for their services. However, in some limited cases, we will provide family law legal services on a flat fee basis.
Referrals
One of the best ways to find a family law attorney is through a referral. You may be able to speak with a close friend or family member, colleague, or even another attorney if you have dealt with another type of legal matter. Referrals are a great way to find out how another client feels about their legal representation and determine whether you may feel confident in having the same attorney to take on your case.
Don’t go it alone – our family law attorneys in Blacksburg, VA are ready to help
You may be more likely to be taken advantage of by those closest to you when you are dealing with family Law matters. You must exercise your legal rights so you can keep your family life on track and act in the best interest of yourself, your children, and your family.
You do not need to attempt to navigate these complex family law issues alone. Meet with a dedicated Blacksburg family law attorney at Select Law Partners PLLC today. Schedule a confidential case evaluation as soon as today when you complete our secured contact form or call our office at (855) 541-4867.
