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Fairfax, VA Divorce Attorneys

Experienced Divorce Lawyers Guiding Clients in Fairfax, VA and Northern Virginia

When it becomes apparent that your marriage is no longer working out, the road ahead of you can look intimidating. You and your spouse might share significant property and assets, and if there are children in the marriage, the question of custody may be a chief concern. However, you do not have to manage this process by yourself. A Fairfax divorce lawyer can advise you on Virginia law and stand up for your interests during negotiations.

At Taylor Huguley Powers PLLC, we have decades of experience practicing family law throughout Northern Virginia, giving us a deep insight into contested and uncontested divorce cases. You can trust our award-winning attorneys to approach your case with a detail-oriented strategy, keeping your needs in mind from the start.

Property Division and Spousal Support in Fairfax Divorce Cases

Virginia follows a system of equitable distribution when dividing assets. In practice, this means the court will divide marital property in a fair, but not necessarily equal, fashion. The court first classifies each asset as marital, separate, or a combination of both. Only the marital portion is subject to division.

Several factors guide that decision. A judge may look at the monetary and non-monetary contributions each spouse made to the family and to the acquisition of property. The court also weighs the length of the marriage, the ages and health of both spouses, the circumstances that caused the marriage to end, and how each asset was acquired. Debts, tax consequences, and the difficulty of selling or dividing a particular asset can affect the outcome as well.

Spousal support involves a separate review. A judge may consider the couple's financial means during the marriage, the earning potential of each spouse, the financial resources available to each party, and the contributions one spouse made to the education or career of the other. Proven fault, such as adultery, can also influence the judge's final decision. Support may be ordered for a defined period, for an undefined period, or as a single lump-sum payment.

How Are Physical and Legal Custody Divided in a Virginia Divorce?

Custody has two parts, and parents often confuse them. Physical custody refers to where a child lives and which parent handles daily care. Legal custody refers to decision-making authority over education, medical treatment, religious upbringing, and other major choices in a child's life.

A court can award joint legal custody, joint physical custody, sole custody, or some combination of these arrangements. Parents frequently share legal custody even when one parent has the child for most overnights. The guiding standard is the best interests of the child, not the preference of either parent.

To apply that standard, a judge reviews the age and developmental needs of the child, the role each parent has played in raising the child, the physical and mental condition of everyone involved, and the willingness of each parent to support the child's relationship with the other parent. The reasonable preference of an older child may also carry weight.

How Taylor Huguley Powers PLLC Can Help With Post-Decree Divorce Modifications

Virginia law often allows certain divorce orders to be modified when your situation has changed dramatically. Our attorneys assist clients with:

Every request for a modification requires evidence, not simply frustration with the current arrangement. Our lawyers gather financial records, employment documentation, and school or medical information to show the court what has actually changed since the decree was entered.

Contact Our Fairfax, VA Divorce Lawyers

Choices made during a divorce can have a lasting impact on your life. At Taylor Huguley Powers PLLC, we are here to help you make informed decisions while standing up for your rights. Call 703-879-6500 or contact our Fairfax, Virginia divorce attorneys to schedule a consultation.