The decision to pursue a divorce is never easy and understanding the legal grounds can help make the process clearer. If you’re going through a divorce, the information below may help guide you and ease your concerns.
In most states, grounds for divorce include both “no-fault” and “fault-based” options. Common no-fault grounds involve irreconcilable differences or an irretrievable breakdown of the marriage, allowing couples to separate without placing blame. Fault-based grounds may include adultery, abandonment, cruelty, substance abuse, or incarceration, requiring proof of specific misconduct. Each jurisdiction has its own requirements and procedures, so it is important to consult with experienced legal counsel to determine which grounds best fit your circumstances.
At Somireddy Law Group, our attorneys guide clients through every step of the divorce process. We provide compassionate counsel, help you understand your rights and obligations and develop strategies tailored to your unique needs. Whether your situation involves negotiation, mediation, or litigation, we are committed to protecting your interests and helping you move forward with confidence.
Many state laws provide several potential defenses to a complaint for divorce. The defenses may be procedural in nature (lack of jurisdiction, etc.) or based on the conduct of the parties (recrimination, condonation, etc.).
Divorce is an emotional and stressful time in a person’s life. If you do not enter the divorce with the necessary financial information, the process may quickly become overwhelming. By taking certain actions at the start of your case, you can protect yourself from future surprises and potentially avoid a great deal of stress later on.
Spousal support issues arise in divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult. Our divorce lawyers are intimately familiar with the factors considered by courts in establishing spousal support and with the important tax consequences often intertwined with alimony.
Divorce can be a lengthy process. In no-fault cases, the law requires parties to be separated for at least twelve months, or for at least six months with a separation agreement and no minor children, prior to even filing for divorce. And contested or fault-based divorces can take much longer than no-fault cases—sometimes dragging on for years, depending on the jurisdiction and issues involved. However, in many cases, the parties have very real needs that must be addressed prior to the final hearing in their divorce. Thankfully, the law allows courts to enter orders granting “pendente lite” (pending final resolution) relief to address those needs.
In an equitable distribution state, meaning that the court has the authority in any divorce to classify the property of the parties as separate, marital, or hybrid, to distribute any jointly owned marital property between the parties and to grant a monetary award to either party to ensure an “equitable distribution” of marital property and debts.
The marital home is often the most valuable property to address in a divorce. The parties have various options regarding how to deal with the marital residence. Should they sell it and split the proceeds? Should one party buy out the other, refinance the home and keep it?
When facing divorce, both federal civilian government employees and their spouses need to be familiar with how their retirement accounts are structured, funded and ultimately, how they could be affected by a divorce.
Military divorce cases involve a complex intersection of federal and state law, offering special challenges for divorcing servicemembers, spouses and their attorneys. For more information on military divorce, including retired pay, disability pay, Servicemembers Civil Relief Act, Survivor Benefit Plan and Tricare benefits.
Many times, when it becomes obvious that a marriage is heading towards failure, the question arises whether it would be best to seek an annulment or a divorce. To answer that question, one must first understand how annulment differs from divorce and the different remedies a court may award upon a divorce vs. upon an annulment.
Our attorneys are veterans of many tough custody battles, fighting on behalf of mothers, fathers and grandparents in custody cases. We have expertise in both initial custody determinations and cases involving relocation of custodial parents or modification of prior court orders. For more information on Virginia custody and visitation law, including the types of custody in Virginia, relocation, modification, denial of visitation, grandparent custody and visitation, custody evaluators, guardians ad litem and home studies.
Child support cases range from very simple matters involving routine application of the child support guidelines to very complex cases involving the imputation of income to a party who is voluntarily unemployed or underemployed. Our attorneys are experienced in handling every type of child support case in court. For more information, including application of the child support guidelines, what counts as income, enforcement, voluntary reduction of income and modification of support.
Discovery is a pre-trial procedure for obtaining information and evidence from the other party or non-parties to a lawsuit. In divorce cases, discovery may include interrogatories, requests for admissions, requests for the production of documents, subpoenas and depositions.
It’s often helpful to speak with a family law attorney before major decisions are made or documents are signed. Early advice can clarify your rights around divorce and separation, custody, support and property division and help you avoid steps that may be difficult to change later.
Many clients prefer to work with one team on custody, support and property questions. Our family law practice routinely addresses child custody and visitation, child support, spousal support alimony and equitable distribution in a coordinated way, rather than treating each issue in isolation.
Not every case requires a trial. Some families resolve disputes through negotiation, mediation and dispute resolution, or other forms of family dispute resolution. During an initial consultation, we can discuss whether court, settlement discussions, or a mix of approaches may be appropriate in your circumstances.
If you are experiencing threats, harassment, or physical harm, safety is the first priority. A family law attorney can explain options such as domestic violence protective orders, emergency custody or support requests and which steps may be available in your jurisdiction.
If you are facing a change in your family circumstances and are unsure where to begin, you do not have to figure it out alone. You can contact our office to discuss your situation and whether a conversation with our family law firm would be appropriate.
