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Divorce and litigation

Falls Church, VA Divorce Attorneys

Exemplary Virginia Divorce Lawyers – Offering Tenacious & Compassionate Representation

At ROOP XANTTOPOULOS BABOUNAKIS PLLC, our Falls Church, VA divorce attorneys adapt our approach to your preferences and needs.  You might want an aggressive litigator because you are embroiled in a tenacious divorce or highly contested child custody dispute.  Even if you think you have resolved all major issues, our experienced divorce attorneys can evaluate the proposed resolution, clarify your rights, and draft a marital settlement agreement that accurately reflects your agreement.   We are prepared to tenaciously advocate for our clients.  However, your attorneys understand the value of resolving issues amicably to establish durable parenting arrangements that reduce the stress on you and your children.  Our attorneys take a problem-solving approach to divorce and family law issues by advising our clients, so they can pick their battles and avoid unnecessary depletion of their financial resources.

Our attorneys represent our clients regarding the full range of divorce issues and ancillary family law matters including:

Fault vs. No-Fault Divorce

Virginia divorce laws recognize both fault and no-fault grounds for divorce.  The statutory grounds for divorce based on fault include cruelty (physical, mental in extreme cases), desertion by a spouse, adultery, felony convictions (e.g. imprisonment for at least a year).  Where none of these grounds exist, a no-fault divorce may be pursued based on a separation of at least six months (without minor children of the relationship) or separation of one year if the couple has minor children.  While these requirements might sound straightforward, there are exceptions and conditions that make it important to obtain legal advice from an experienced Falls Church, VA divorce attorneys regarding the appropriate grounds for your divorce.

Uncontested and Contested Divorces

Our Falls Church, VA divorce attorneys know that many divorcing parties recognize that legal representation is important in a contested divorce, but fewer divorcing parties’ realize this priority when engaged in an uncontested divorce.  Contested divorces occur when spouses cannot reach an agreement regarding certain issues that might include child custody and visitation, the division of property, spousal support, child support, or related issues.  Our attorneys draw on our experience and expertise to devise creative solutions that can lead to the resolution of disputed issues, mitigating the anxiety and cost associated with a contested divorce.  Even if you are convinced you have settled all of the issues with your spouse, we can make sure you know what a judge would do and that any settlement agreement accurately memorializes the terms of your settlement.  When an agreement cannot be reached because the other side is being unreasonable or a genuinely unresolvable dispute exists, our attorneys can help you identify legal issues, understand the applicable legal standards, use discovery to acquire evidence and witnesses, and craft a persuasive presentation for the court.

Division of Marital Property

At ROOP XANTTOPOULOS BABOUNAKIS, our Falls Church divorce lawyers have extensive knowledge of the criteria the court will consider when asked to determine the “equitable distribution of marital property.  In this context, the term “equitable” is more akin to “fair” based on the relevant factors rather than a 50-50 split.  Marital property” essentially includes all property acquired during the marriage until the date of permanent separation with limited exceptions, such as gifts to only one spouse or inheritance of a spouse.  “Separate property” includes assets acquired before marriage or after permanent separation, inheritance or gift to a spouse, or appreciation from separate property.  While these distinctions might not seem ambiguous, these issues can become complicated when separate property and marital property are commingled, or the mortgage payments for a home purchased before marriage is paid from employment wages during the marriage.

Spousal Support (Spousal Maintenance, Alimony)

The function of spousal support is to equalize a substantial disparity in income and earning potential between spouses.  The award stem from an awareness that one spouse might have compromised his or her opportunity to obtain an education or develop a career by handling the bulk of homemaking or parenting responsibilities.  If your marriage is of sufficiently long duration, spousal support might be awarded based on some factors that include the obligated spouse’s ability to pay and the earnings imbalance between the parties.  Spousal support can be particularly complicated because the law is in flux, and many factors impact the amount and duration of a spousal support order.

Child Support

The Virginia Child Support Guidelines established the presumptive amount of child support.  The factors that have the greatest impact on child support are the comparative income of the parents and the amount of custody of each parent.  Our Falls Church child support lawyers often are retained to handle initial custody determinations and modification requests.

Child Custody & Visitation

If you are a parent, the impact of your divorce on your parent-child relationship usually constitutes one of a parent’s most serious concerns during divorce.  You might be aware that the court uses the “best interest of the child” standard.  Parents can benefit from our many years of experience and legal acumen in advocating for our clients in a contested child custody dispute.  Our Falls Church child custody lawyers diligently think outside the box in an attempt to negotiate amicable custody arrangements that are stable and workable.  But when a custody agreement is not feasible, we are prepared to zealously represent our clients all the way through trial.

The attorneys at ROOP XANTTOPOULOS BABOUNAKIS PLLC will bring their experience, empathy, and talent to work for the best interests of you and your family. If you would like to request an appointment, please contact our family law firm by calling 703.442.0040, or by sending us an email.

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