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Divorce and litigation

Loudoun, VA Divorce Attorney

Easing the Challenges Presented by Family Law Issues – Loudoun, VA Divorce Attorney

When your marriage is breaking down, you might be overwhelmed by a broad spectrum of emotions that include apprehension about the future and grief over a failed relationship.  When you have children, the process is even more stressful because of the potential reshaping of your parent-child relationship and the enormous transition in your children’s lives.  At ROOP XANTTOPOULOS BABOUNAKIS PLLC our Loudoun, VA divorce attorneys are committed to taking a constructive approach to finding solutions to our clients’ family law issues.  At our law firm, we acknowledge the emotional challenges facing parties coping with the dissolution of their relationship and the myriad of issues that accompany divorces, such as spousal support (alimony), division of marital property and debts, child custody and visitation, child support, and protective orders.

Our Loudoun, VA divorce lawyers use an array of strategic approaches like constructive divorce, mediation, and negotiation to discover common ground.  Our approach is to identify a common basis for a global resolution to your divorce issues or other family law matters that can be incorporated into a Property Settlement Agreement (PSA).  When we cannot settle all issues, resolution of some matters related to a divorce can narrow the issues, limiting the anxiety, animosity, and expense of your divorce process.  While the intense emotions experienced by divorcing spouses might promote an atmosphere of hostility and conflict, scorched earth divorces usually only benefit the parties’ attorneys by running up legal fees.  If we can resolve more issues without extensive litigation, our clients have more resources to rebuild their lives following their divorce.

Our decades of experience and client-centered focus enables us to help preserve family relationships and to permit parents to continue parenting together despite the breakdown of their personal relationship.  Our family law attorneys in Loudoun, VA represent clients, regarding the following type of legal issues:

  • Divorces Involving Fault and No-Fault Divorce
  • Preparing Prenuptial Agreements
  • Contested Divorces
  • Mediation & Collaborative Divorce
  • Protective Orders
  • Division of Retirement Plans
  • Business Valuations
  • Exposing Waste of Marital Assets or Hidden Assets
  • High Conflict Child Custody Disputes (e.g. parental relocations, substance abuse by a spouse, child abuse/neglect, and parental alienation)
  • Uncontested Divorces (e.g. advising regarding legal rights, scope of possible outcomes, and drafting and filing of agreement)
  • Establishing Parental Rights and Child Support Obligations
  • Modifications
  • Preparation and Negotiation of Property Settlement Agreements
  • Distribution of Marital Debts and Assets That Are Difficult to Value
  • Division of Retirement Accounts
  • Enforcement and Contempt Proceedings

Our Loudoun, VA  divorce lawyers provide effective representation in the full range of divorce issues, such as:

Fault or No-Fault Based Divorce: Divorce can be based on several fault grounds under Virginia law that include (1) felony conviction with imprisonment of one-year minimum; (2) adultery; (3) constructive or actual desertion; (4) physical or extreme mental cruelty.  No fault divorce can be based on a six (6) month separation period with a separation agreement as long as there are no minor children or a twelve (12) month separation.

Custody/Visitation of Minor Children: If you have minor children, our attorneys work diligently to assist our clients in finding mutually amicable custody and visitation arrangements.  If you cannot agree to a settlement with the other parent, the judge will determine custody using the “best interest of the child” standard.  The highly subjective factors that judges often consider include the following:

  • Parent who acts as the primary caretaker of the children
  • Parent’s willingness to cooperate with the other parent
  • Maintaining a stable status quo that appears to be working
  • Nature of the relationship between the minor child and each parent
  • Past abusive or violent behavior by a parent
  • Reasonable preference of a child of sufficient age, maturity, and intelligence

At ROOP XANTTOPOULOS BABOUNAKIS, PLLC, our Loudoun, VA divorce lawyers have a thorough familiarity with the factors the court will consider when deciding on custody and visitation orders.  We have presented evidence regarding these factors in many contested custody cases, so we are skilled and experienced at putting together persuasive positions in support of our clients’ interest.

Division of Marital Property & Debt: The divorce process means a change in the standard of living for both spouses because their financial resources are stretched between two households instead of only a single home.  Virginia is an “equitable distribution” state, which does not necessarily mean an equal division of property.  All property is divided into “separate property” and “married property.”  Separate property includes all property acquired by a party before marriage or after permanent separation or acquired by the spouse by gift or inheritance.  The appreciation or income from separate property also constitutes separate property.  While separate property remains with the party who acquired the property, marital property is divided based on multiple factors.  Marital property includes all property acquired during marriage until permanent separation not acquired by gift or inheritance.  The appreciation of income from marital property also is marital property.  Our family law attorneys seek documents and information to ensure we can advocate for the fairest distribution of marital property based relevant factors.

Spousal Support: Spousal support (known as “alimony” in other states) involves periodic or lump sum payments made by one party to the other party to address a substantial disparity in their relative incomes.  The function of spousal support is to address situations where one party gives up educational, employment, training, or career opportunities to support the other spouse during the marriage by performing homemaking or parenting roles.  If the marriage is of sufficient duration to merit spousal support, our Loudoun divorce attorneys meticulously argue for our clients’ interests based on the appropriate factors.

The attorneys at ROOP XANTTOPOULOS BABOUNAKIS 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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