Experienced Fairfax Virginia Family Law Attorney Discusses What You Should Expect When Filing For Divorce

The dissolution of one's marriage can be one of the most trying and emotionally traumatic experiences of one's life. Regardless of whether you are seeking a no-fault divorce or you intend to intend to use one of the grounds for divorce listed in "§20-91 of the Virginia Code, retaining the services of an experienced divorce lawyer is always advisable. It is not, required by the Commonwealth of Virginia for either spouse to be represented by an attorney. As a divorce lawyer practicing in Fairfax, VA, I recognize that most individuals are anxious to know what lies ahead, which is why I have prepared this basic outline of the Virginia divorce process. Please note that this should not be construed as legal advice. If you require information about a divorce, contact me at my Fairfax practice: (703) 522-5629.

The Divorce Process in Virginia

• The Virginia divorce process begins when one of the spouses contacts a lawyer who drafts a complaint setting forth the grounds for divorce, or if the spouses meet the requirements for a no-fault (irreconcilable differences) divorce, files the appropriate paperwork.

• The divorce is filed at the Fairfax Circuit Court, Civil Intake Division—or of the court of competent jurisdiction—and served to the other spouse. That spouse will receive a summons requiring him or her to file a formal response.

• There is a prescribed amount of time in which the receiving spouse must respond.

• The parties' attorneys may engage in discovery, which is a phase wherein the two sides raise questions and exchange information to facilitate the divorce process.

• The spouses attempt to reach a settlement. This may be done via the attorneys, a mediator, or directly.

• Once a settlement is reached it is presented to the court.

• If the judge approves the settlement—which would normally be the case unless the settlement grossly favors one of the sides—he or she will issue the divorce decree.

• If no settlement is reached or the judge rejects the settlement, the case goes to trial. After hearing the arguments from both sides' lawyers, the judge will rule on the divorce.

Naturally, there may be variables involved in each step, making the divorce process potentially complicated. If you are married or separated and are considering a divorce, contact a reputable, professional Virginia divorce attorney. In Fairfax or elsewhere in Northern Virginia, rely on the legal experience of attorney Claudia Zucker. To schedule an appointment in her Fairfax office, call (703) 596-1005.