Divorce Lawyer Fairfax VA
Divorce Lawyer Fairfax VA
Divorce is a tough subject and no one knows more about it than a divorce lawyer in Fairfax VA. At May Law LLC we know that filing for divorce is a tough topic and there are many questions that you may have. If you are considering filing for divorce then it is critical that you understand some of your options before moving forward. Not all divorces are created equal and you may have different needs than someone else.
What is a No-Fault Divorce?
There used to be a time that the law required at least one spouse to place blame on the other in order to file a divorce. However, times have changed and now you can get a no-fault divorce in all 50 states after living apart uninterrupted for at least 12 months.
A no-fault divorces are when the filing spouse requests a divorce without specific blame. You aren’t required to provide proof your marriage is beyond repair and you don’t have to explain what went wrong.
What is the Difference Between Divorce Litigation and Divorce Mediation?
Litigation is the more traditional method o the two. This involves filing a lawsuit against your spouse and having a separate lawyer represent each of your cases in front of a judge. This is often the method people go with when the divorce is more complicated, like when there is hostility or even just custody issues.
Medication means a third-party attorney sits with you and your spouse to help you craft an agreement for ending your marriage. Often this is faster, less expensive, and less emotionally draining. However, it is only an option if your divorce isn’t complicated and neither party is hostile towards the other.
How Do You File For Divorce?
You must file a document known as a complaint with the Virginia Circuit Court in the city or county where you reside and pay the filing fee. Here is what you need to know in order to fill out this document:
- The date and location of your wedding (it does not have to be in Virginia)
- You and your spouse’s current living situation
- Your and your spouse’s military status
- Proof of a minimum of six months residency in the state
- Grounds for filing a divorce
- Proof of satisfaction the separation period for no-fault divorces
- Ages and living arrangements of your child if you have them
From there you have to arrange to have a sheriff or private process server deliver the complaint and a court summons to your spouse. This whole process can take about 6 to 8 weeks to complete from the start of filing to being granted a divorce if everything goes smoothly. It can take months more if the divorce is complicated.
Divorce is hard and even the simplest ones can be hard. No matter your reason for filing for divorce you can know that the team at May Law LLC understands what a divorce lawyer in Fairfax Virginia needs to know so you are in good hands.
Business Asset Valuation in a Divorce
As a divorce lawyer in Fairfax, VA that residents recommend from May Law, LLP may tell you, business asset valuation is the process of determining a monetary amount that best reflects the value of a business. Business valuation is important in quite a few situations. Business valuation is often required when one seeks to sell their business so that potential buyers understand the value of the business they are considering purchasing. This process has a variety of purposes. This valuation, in turn, assists the owner in determining a fair sale amount for their business.
Business valuation can also play a big role in a divorce. When divorce occurs, a couple’s assets are divided between both parties. Thus, business valuation in divorces allows the court to understand how much an important economic asset of a divorcing couple is worth, in order to determine how the business and other assets will be dispersed amongst the spouses. As a divorce lawyer can explain, business valuation in a divorce can also be used in determining alimony payments.
Business valuation can also play a very important role in estate tax issues and bankruptcy proceedings. A business valuation must be conducted in order to determine how an asset should be fairly split between spouses. When a business is being valued, a lawyer examines not just its current value but its projected earnings and expenses as well. For more information about how business valuation works, its requirements, and its relevance to your situation, contact a divorce lawyer.
The Different Methods of Business Valuation
Business valuation methods can vary based on the type of business, the goal/use that the valuation is made for, and the method preferences of a valuator. However, there are three commonly utilized methods for valuing a business. First is the asset method, which seeks to answer the question of how much money would be paid for all of the different assets that make up the business. The asset method requires an evaluator to compile a complete list of all a business’s assets, such as real property, equipment, stocks, or other security instruments that are outright owned by the business. After tallying the financial value of all the net assets with help from a divorce lawyer in Fairfax, the business’s liabilities (ie. debts owed, etc.) are subtracted from the amount in order to receive an asset-based business value.
This method allows valuators to determine a fair market value. The second business valuation method is the income method, which seeks to determine the present value of a business’s likely future returns. The income method utilizes the discounted cash flow approach in order to provide sound estimates of future cash flows. From there the total estimated amount of future cash flow is then discounted (i.e. reduced/increased at a rate that could be based on potential inflation or some other capitalization multiplier). The income method is essentially the capitalization of the earnings of a business in order to give an idea of what revenue can be expected in the future. The third business valuation is the market method, which looks to the value that market actors have placed on comparable businesses that deal in the same goods and services as a business that is the subject of the valuation.
This style of valuation is best used in arms-length negotiations where detailed information about the business’s balance sheets and assets have not been provided. Relevant data utilized in the market method include data about other comparable companies and information about past transactions of a similar nature, which are used as points of reference for determining the economic value of a business.
Other Financial Considerations During Divorce
Divorce in itself can be painful, costly, and take many months to finally finalize. Spouses may reach agreements on certain topics more quickly than others. For certain decisions, it can take a long time to come to a fair compromise. Decisions must be made carefully, especially when finances are at stake. The couples are likely to have to talk about custody of children, how to split up shared property, and much more. Every asset has to be identified and valued as accurately as possible. It is important to get it right so that there are no issues that can delay divorce proceedings.
Alimony can be a heated topic to negotiate, as the process of divorce can be expensive — so rarely does one spouse openly offer to financially support the other. However, in order to avoid court, each couple does have to come to a middle ground over very sensitive issues like who is to pay into alimony, in what amount, and for how long. Spouses can request alimony if they are eligible to, but it is not always granted. Alimony is typically granted for couples who have a wide income gap. In any case, seeking professional help is always best when you are dealing with complex legal matters. It is encouraged that those going through divorce obtain legal representation for guidance along the way.
If you have chosen to work things out directly with your spouse, then it can help to have a divorce lawyer Fairfax, VA clients rely on as a way to protect yourself. Even if you and your spouse have decided on a certain agreement, things may change unexpectedly. With this in mind, the protection of your legal rights and interests should always be a top priority. In the event that any issue comes up, you should have a lawyer that you can depend on. Talk to a divorce lawyer about scheduling a consultation where you can discuss your situation in detail and the results you hope to accomplish coming out of it. During a legal consultation, we can answer questions that you may have along the way.
3 Ways To Help You Handle a Divorce
Getting a divorce can be a long process. Compounded into that process are all of the emotions you are feeling. It can be a time process to navigate.
Looking over this list may help you stay on track. Keep in mind that a good divorce lawyer in Fairfax, VA, can also work with you through this time. An attorney from May Law can add further insights to keep this difficult process as smooth as possible.
Look After Yourself
It is important to make sure you’re taking care of your well-being. You will likely experience many different emotions during this time. They can range from sadness to anger to anxiety. Allow yourself to feel these feelings, and know it is okay to experience different emotions. Take care of your mental and physical health to help deal with the range of emotions. You can exercise to boost endorphins. Establishing a healthy eating routine can help too. Spending time doing things you love will help you through this transition.
Talk To Your Children
If you have children, it is important to pay attention to them. Talk to them regularly to hear their concerns. This way, you can know their side of this experience. They may feel scared that they’re going to be forgotten. Communicate to them that they can rely on you. Reassure them that the divorce is not their fault. Things are changing, but that doesn’t mean that you will forget about them.
Lean On Others
The divorce process can feel isolating. Know that you don’t have to take it on by yourself. Share your feelings with family and friends. Finding a support group may also help. Talking to others who are going through the same process can help you realize you aren’t the only one dealing with this difficult time. Making sure you have a good divorce lawyer in Fairfax, VA, can also help you get through the process. Be open with your lawyer about what you want to come out of a divorce. It is also okay to tell them how you are doing. Being honest can help your attorney get a good idea of an appropriate course of action.
A divorce attorney from May Law has likely seen many people go through similar issues. They are with you every step of the way. Remember, the divorce process can feel like a roadblock. A divorce lawyer in Fairfax, VA, can help you get back on the road.
Dos And Don’ts of Divorcing Couples Who Own a Business
You and your spouse have been more than life partners — you were partners in business. Now that your life together is splitting at the seams, you have to face difficult decisions regarding your business as well.
Your very livelihood is in jeopardy. Before you make any tough decisions, talk to a divorce lawyer in Fairfax VA, and follow this guide to keep your business assets as intact as possible.
Do Remain Civil
Regardless of your personal feelings toward your spouse, remember that you are still business partners. When negative emotions infiltrate the business setting, money is bound to slip right through your fingers.
Talk to a representative at May Law about how to remain civil with your spouse and business partner amidst your personal turmoil. Though your divorce lawyer in Fairfax VA is far from a therapist, he or she can help you come up with a plan to keep your business interests at the forefront.
Do Calculate Your Assets Fairly
It is not in your business’s best interests to get unfairly greedy regarding your assets in the midst of a divorce. Sure, any divorce lawyer in Fairfax VA will tell you to fight for all of your rightful shares of any marital assets. But resist the urge to fudge the business numbers in order to gain a larger share of the pie for yourself.
Prior to court proceedings, get an accurate business valuation, and then prepare to split your assets. Unless you had a prenuptial agreement that says otherwise, you will have to split your business effects fifty-fifty with your spouse.
Don’t Stay Together Just for the Business
If your relationship has truly run its course, staying married in order to keep your business afloat is neither healthy nor productive. You may still be able to save your business even if you can’t save your marriage.
Whatever the circumstance though, if the only thing you have in common in your marriage anymore is your business, it’s time to hire a divorce lawyer in Fairfax VA.
Don’t Close the Business as a First Resort
Just because you’re getting divorced does not mean your business is done as well. If you can find a way to remain amicable with your former spouse, you may still be able to remain business partners.
You both need an income after all, and ideally, you both bring something unique to your business.
Contact May Law to learn if there’s a way to save your business once you are divorced.
Tips That Can Help You Get Through Negotiations During Divorce
A divorce can be a highly emotional thing to deal with. Not only is divorce emotionally trying, but it can be even more stressful because of the finances and assets that are involved. For those that may have owned a business together or other significant economic assets, this stress can be multiplied.
Even though it may feel difficult to navigate a divorce when your finances are so intertwined, the good news is that there are steps you can take to help ensure that you get through the divorce process with as little difficulty as possible, like seeking out a divorce lawyer in Fairfax, VA like May Law for example. If you are looking for some ways to take the pressure out of your divorce, here are a few things to keep in mind.
1. Evaluate Your Finances First
When there are lots of finances to untangle, taking some time to assess your finances before divorce proceedings begin can be a good idea. Not only can it help you to feel more prepared in general, but it can also put you in a better position to negotiate. Along with that, it can help you to be more realistic with your expectations and even potentially lead to a better outcome.
2. Don’t Get Emotions Involved
Another thing to keep in mind when beginning divorce proceedings is that it can be important to keep your emotions out of the equation as much as possible. What a divorce lawyer in Fairfax, VA will understand is that emotions can cloud judgment, and make it more difficult to resolve things fairly. While it might not always feel easy, making an effort to recognize when you’re becoming emotional and to put those emotions aside can often help result in a better outcome, and can help shorten the length of time that you have to deal with divorce proceedings.
3. Keep Your Mind on Negotiations
If you work with a firm like May Law you will likely be aware that keeping your mind focused on negotiations as much as possible can be beneficial. Throughout the process, it can be easy to get distracted or forget about what the end goal is. Many may get caught up in things like making sure that they get more out of the negotiations than the other party, instead of what will help wind the negotiations up in a timely manner.
4. Learn To Be Realistic and Flexible
One of the most important things you can do when going through the divorce process is learning to be flexible. Throughout the proceedings, you may come across issues and situations that you weren’t expecting. This can make a difficult situation feel all the more complicated to deal with. While it may not feel easy to do, doing your best to be realistic about the possibilities can help ensure that you aren’t disappointed with any final outcomes.
A divorce can be a difficult thing to deal with. Not only can it be tough emotionally, but it can also cause a lot of mental stress, too. This can be even more true when you have a lot to separate financially. On the upside, there are things you can do, like hiring the right professionals, that can help you get through the process more smoothly.
Start By Evaluating Your Financial Situation
You cannot begin to effectively and accurately negotiate over alimony terms, unless you have truly visited what your financial situation looks like. Many people have a general idea of how much they make per year, but when it comes to calculating alimony you will want to be as exact as possible. Begin by creating a file for all of your financial-related paperwork. For example, gather paycheck stubs, tax documents, receipts for bills, extra bonuses per year, and anything else relevant.
It is imperative to know how much you make per year, how much you spend per year in necessary living expenses, and the amount of debt you currently have. By having this knowledge to begin with, you have a better idea of how much you require in monetary support or how much you can reasonably offer your spouse financially. This process may be time-consuming and daunting, but it is necessary if you want to ensure that you pay or receive your fair share. You don’t want to find out that the compensation is not the proper amount when it is too late. If you are not sure where to start, a lawyer will be able to help you. A divorce lawyer can look through each of your financial records and make the right calculations to determine how much alimony you should receive or pay.
Try to Keep Emotions Out of It
A Virginia divorce lawyer in Fairfax understands that this is perhaps much easier said than actually done, as divorce is likely to stir up various intense emotions throughout the way. It can be easy to get caught up in emotions while going through divorce. There are many times that you may be frustrated or angry that an agreement is not being reached or is not being handled as well as you would like. But, in order to effectively arrive at a resolution over alimony, both spouses have to aside their emotions. Both parties have to think objectively and focus on what’s fair for everyone, not just themselves.
All parties in the negotiation, including your respective attorneys and mediator, understand that this is probably an emotionally difficult time for you. However, getting caught up in frequent clashes during divorce only lengthens the process and makes it more complicated. If meeting in-person over mediation is too triggering, then both attorneys can negotiate back and forth for you instead.
Maintain Realistic Expectations
The laws pertaining to divorce and alimony vary by state. So, it is important that you get information from your attorney about how these laws may impact how much you pay or receive in alimony. Sometimes, emotions get in the way and we are unable to maintain realistic expectations regarding the situation at hand. By focusing on the factual numbers of your financial situation and state laws, it can help you understand what a fair alimony resolution may look like in the end. If negotiating is unsuccessful, then both spouses are going to have to attend court for a resolution of the matter by a family court judge instead.
Be Wary of Being Taken Advantage Of
Divorce can be an undoubtedly stressful thing to endure, and can easily bring out the worst in people. Unfortunately, many spouses view divorce as a way to seek revenge towards their partner, by trying to get as much in money and assets into their hands as possible. Instead of coming to a peaceful resolution, some spouses go out of their way to inflict further harm on their spouse. A spouse that doesn’t receive assistance from an attorney and understands his or her rights, may be vulnerable to being taken advantage of during the divorce process. Having an attorney by your side can help you avoid troublesome scenarios like this. They can spot issues and help you avoid paying an excessive amount of money to your spouse.
Focus on Financial Negotiations
Divorcing spouses may want to take out their pain on the other person, but it is crucial that you remain focused on the financial negotiation at hand. The costs for legal fees, court hearings, and paperwork can add up quickly. The longer it takes for agreements to be reached, the more costly it can get. A divorce should not be drawn out, and your goal is to get it done as efficiently and fairly as possible. So, Fairfax, VA divorce lawyer at May Law, LLP may recommend that their client doesn’t stress too much over the little things like non-sentimental items, furniture, or other belongings that can be replaced. Financially savvy spouses going through divorce know when to pick their battles.
Prepare For Divorce Even Before Filing
Once divorce has been officially filed by one spouse or the other, things are bound to get ugly and tense fast. If you anticipate a divorce is approaching but hasn’t been petitioned quite yet, that may be the right time to make certain preparations. Start organizing a file of important financial documentation, account statements, photographs of assets, and anything else of worth that you wish to keep. By preparing early, it can help you come out ahead in divorce court later on.
Don’t Try to Conceal Assets
One of the main concerns many spouses have about divorce, is whether they will get to keep the assets they want the most. Despite this fear, it is vital to be open and honest about what you own. By intentionally deceiving your spouse through hiding assets, you may be coming close to violating state laws and risking your credibility in court. It is advisable that spouses who are concerned about losing favored assets, talk with a divorce lawyer Fairfax, VA families trust for advice and strategy. There may be harsh penalties for such deception, and could work against you when in front of the divorce court judge, even though you were simply trying to protect yourself.
Be Open and Flexible During Mediation
It doesn’t come as a surprise to many people to hear just how expensive divorce can be. If the spouses are willing to talk amongst each other, they can save a hefty chunk of change. A mediator is a neutral third party who can facilitate a conversation with each spouse present, in hopes that they can arrive at an agreement for divorce terms. This can be a resourceful way for parting couples to save money in legal bills and avoid attending court, where a judge may have to determine the outcome. It can benefit both spouses if they can compromise during mediation, so at least some of their wishes can be part of the resolution.
Child Custody Disputes and Divorce
When you are going through a difficult child custody scenario in the middle of a divorce, it may be the right time to see a lawyer who can help you navigate the sensitive and difficult situation. They will help you preserve your parental rights and help determine a fair arrangement that is in the best interest of your child. Going to an experienced lawyer for legal counsel can help you strengthen your case so that you can receive a fair custody arrangement so that you can finalize your divorce. To receive personalized legal assistance, reach out to an experienced divorce lawyer like one from May Law, LLP.
It is recommended to obtain legal counsel from a lawyer who has practiced family law for years. and clients can depend on them to provide the excellent legal help they need. They are highly knowledgeable about the unique demands of family law cases, and will diligently work with you to arrive at the best solution.
If you have a legal matter that pertains to family law, you may want to speak to an experienced divorce lawyer about your rights. When you are involved in a child custody case, you want to make the best decisions for your child. Speaking to a lawyer can help you accomplish that while making sure that you can retain your parental rights. Not taking the time to understand your options can be a detriment to your case.
What a Lawyer Can Help You With
When you are going through divorce and want to do what’s best for your child, but need help resolving conflicts or other issues, turning to a lawyer can be the right choice. They are capable of handling a range of complex situations concerning family law. Some of the things that a child custody lawyer can assist you with include:
How a Lawyer Can Help Resolve Co-Parenting Issues
Co-parenting when you and your partner have opposing beliefs, parenting styles or simply are unable to communicate effectively can be highly frustrating. However, you and your ex have to set aside your emotions and constantly work towards finding an appropriate co-parenting strategy that is suitable for your child. A lawyer can discuss the issues you are going through and recommend solutions, such as strategies for improving communication, resolving conflicts and other cases. They will focus on finding a solution that benefits you and the interests of your child.
The Role of a Divorce Lawyer
Child custody cases can take an emotional toll, and when every party wants to pursue the best interest of their child, finding the best solution is not always clear. Let a seasoned family lawyer assist you through this challenging time. We will help you find the best agreement that protects your rights as a parent and also has your child’s best interest in mind. Don’t wait to get the personalized legal assistance that you need so that you can reach a fair case outcome. Reach out to a trusted divorce lawyer now if you need help handling a child custody case.
What do I need to know about the divorce process?
When you proceed down the path to ending your marriage, your divorce lawyer from May Law LLP will guide you from start to finish. Along the way, your questions and concerns will be addressed and your legal rights protected. If you have one or more children, their best interests will remain at the forefront. We have helped our community members through the divorce process for many years and continue to assist persons in gaining a fresh start by ending marriages that no longer served them well. To learn more about our legal services and how we can help you too, contact our team to discuss your case with a seasoned divorce lawyer. Below is some general information in response to questions that are commonly asked when persons are considering getting divorced.
What is a legal separation?
Legal separations are not allowable in all states. In states that do permit a legal separation, a divorce lawyer can file a legal separation petition with the court once one of the spouses permanently leaves what had been the shared residence. This is in advance of the divorce proceedings which can take some time to complete. A legal separation speeds up certain processes and holds the spouses to fulfill their responsibilities until the divorce is finalized.
What is divorce discovery?
During the legal process, “discovery” is a term used to describe the phase during which information is shared between both parties’ lawyers. In a divorce proceeding, your divorce lawyer will share pertinent information with your spouse’s divorce lawyer, and vice versa. The discovery process can be fast or lengthy, complicated or simple, depending on your and your spouse’s circumstances. Your divorce lawyer from our firm will let you know if any or all of the following steps will be necessary as part of the discovery phase:
Disclosure. The legal requirements and guidelines surrounding disclosure are mandated by the State and must be followed by all involved in the divorce discovery phase. During disclosure, your divorce lawyer and your spouse’s divorce lawyer have the right to request applicable information from the other side. When presented with a request for the information, the divorce lawyer has thirty days in which to respond. One common example is the disclosure of all income sources and the annual amounts of each.
Interrogatory. This is one or more questions (usually a list) that a divorce lawyer sends to the opposing divorce lawyer. The State determines a limit to the number of questions that can be asked. The responses must be supplied within thirty days.
Admission of fact. Each person’s divorce lawyer submits a list of facts to the other party. Each then has the opportunity to dispute what facts that they deem are incorrect. Request for production. During this aspect of the discovery phase, each divorce lawyer requests copies of relevant documentation such as income statements, bank records, receipts, etc. The documentation must be supplied within thirty days.
We can help you with all aspects of your divorce and ensure your rights and interests will be fully protected. If you have decided to end your marriage and anticipate issues over how your family business or finances in general will be affected by a divorce, then contact May Law, LLP today to set up a consultation with a divorce lawyer in Fairfax, VA right away.
A divorce tends to overwhelm people. Even if they anticipated that their marriage was going to break down, when the divorce process actually starts, it becomes chaotic. Fortunately, you can reach out to a divorce lawyer in Fairfax, VA when you feel like your life is falling apart. At May Law, LLP, we understand that a divorce is an unpleasant process – but it doesn’t have to be.
When it comes to divorce, you and your spouse can make a choice: The proceedings can be amicable, or they can be difficult. Even if you absolutely despise each other, you can still take steps to ensure the process goes smoothly. But how is that possible? Aren’t divorces supposed to be emotionally-draining? Not always. Read this brief FAQ to learn a little more about the different types of divorces.
What is an Uncontested Divorce?
An uncontested divorce is what it sounds like: You and your spouse agree on all the terms of your divorce, and the proceedings continue straight through without a hitch. It sounds simple, but you have to remember that uncontested divorces are particularly rare. This is because most couples who are going through a divorce can’t agree on much, especially terms of a divorce. Want sole custody of your children, or that car you two bought last year? The slightest dispute means a divorce isn’t uncontested.
What is a Contested Divorce?
A contested divorce is when you and your spouse disagree about one or more elements of your divorce. While it sounds like it can be a complicated and exhausting process, most divorces are contested. It’s natural for you and your spouse to have disagreements about who gets what, especially if you share a joint bank account and you’ve had children. In a contested divorce, it’s up to the judge to decide, and it’s up to your lawyer to convince the judge that you deserve whatever you and your spouse are fighting over. Contested divorces are common, but in some cases, one of the parties doesn’t even want to get a divorce. This is where a no-fault divorce comes in.
What is a No-Fault Divorce?
No-fault divorces happen when there is an incompatibility between spouses. No-fault divorces are issued in certain states only, so it’s important to get in touch with a divorce lawyer to see whether this optional is viable for you or not. When you’re stuck in a relationship and your spouse is refusing to follow through with a divorce, a no-fault divorce might be your only chance to escape.
What Should I Expect from a Contested Divorce?
When you’re dealing with a contested divorce, it means you and your spouse have time to negotiate and come to terms that satisfy both of you. When you have come to an agreement on everything (and this takes time) your divorce actually becomes an uncontested divorce and proceeds as such. It can take a lot of work to reach an agreement with your spouse, and it’s best to contact a divorce lawyer before you make any big decisions.
A divorce lawyer will provide you with all the information you need to proceed with your divorce, and the right attorney will make sure you always know what steps come next. Reach out to a divorce lawyer in Fairfax, VA today.