Family Lawyer in Manassas VA

Manassas, Virginia has a higher married population than the average in the United States, and a lower divorce rate than the average in the Unites States. However, roughly 8% of Manassas residents do divorce. This is a significant enough amount of the population to justify thinking about not only divorce but child support and custody, alimony, and pre and post nuptial agreements in Manassas.

Olmstead & Olmstead, P.C. provides a full range of family law services for clients in Manassas and surrounding Northern Virginia communities. Family law is best described as legal issues that arise within family relationships such as divorce, child custody, child support, as well as a number of other issues that may arise within a family unit. The experienced Virginia family law attorneys at Olmstead & Olmstead have over 20 years of experience serving as an advocate for their clients and will work tirelessly to guarantee their clients achieve the best outcome.

Our Family Law Areas of Practice

We assist our clients with the following family law issues:

Divorce, Contested and Uncontested: If you have filed for divorce or been served with divorce papers, you need an experienced Virginia divorce attorney to guide you through the process. When a divorce is contested, it means that the parties can’t agree on some areas of the terms of their divorce.

If a compromise cannot be reached these issues will be decided in court. The opposite is true in an uncontested divorce, although you and your spouse still need to act within the confines of state law. Couples with minor children must be separated for a minimum of one year before being eligible to file for no-fault divorce.

Child Support: Virginia judges normally follow Virginia’s child support calculator which considers number and ages of children, income of both parents, everyday expenses, and unusual expenses related to raising children.

Child Custody and Visitation: When a divorcing couple has children together, the well-being of their children is often the most important matter to be determined during their divorce proceedings. Our skilled family law team will work with you to create a parenting plan in order to ensure that your children’s well being is prioritized and that all of their needs are addressed.

Equitable Distribution: This term refers to the division of property in a divorce.  Equitable distribution doesn’t necessarily mean that each spouse receives 50 percent of everything. Potential outcomes include awarding the property to one party, ordering the property to be sold, or dividing the property as equally as possible.

Pre-Marital and Post-Marital Agreements: If you or your future spouse bring considerable individual assets to a new marriage, a pre-marital or post-marital agreement can protect you both in the case of divorce or death of one of the parties.

Property Settlement Agreements: Also called a Marital Settlement, this document is an agreement that outlines the interests, obligations, and rights of each party.

Protective Orders: When one family member is physically violent or intimidates, stalks, or harasses the other, he or she can file for an order of protection. The compassionate family law attorneys at Olmstead & Olmstead will assist you in obtaining the protective order, which can be valid for up to two years from the date of issue.

Social Services and Child Support Enforcement Involvement: Clients sometimes come to us when they are involved with the Virginia Department of Social Services or the Virginia Department of Child Support Enforcement. Social services may be involved with your family for reports of child abuse or neglect and may even temporarily removed the children from your home.

Spousal Support and Alimony: Spousal support in Virginia is normally limited to situations where one spouse out earns the other by more than 50 percent.

Virginia Family Law: Frequently Asked Questions

Virginia family law is one of the most personal and emotional areas of the legal system. In Virginia, family law covers issues like divorce, child custody, child support, alimony, property division, and adoption. Whether you’re considering separation, already in the middle of a legal dispute, or just seeking information, understanding your rights and responsibilities under Virginia law is essential.

Below, we’ll cover some of the most frequently asked questions about family law in Virginia to help you make informed decisions during a difficult time.

What is Virginia family law?

Virginia family law is a branch of civil law that deals with family matters. This includes marriage, divorce, child custody, spousal support, adoption, domestic violence, and property division. In Virginia, family law cases are generally handled in the Juvenile and Domestic Relations District Court or the Circuit Court, depending on the type of case.

How do I file for divorce in Virginia?

To file for divorce in Virginia, you must first meet residency requirements. Either you or your spouse must have lived in Virginia for at least six months before filing.

There are two main types of divorce:

1. Uncontested Divorce – Both parties agree on all terms, including division of property, support, and custody.
2. Contested Divorce – The parties cannot agree, and the court must decide the terms.

You must also meet the grounds for divorce:

• No-Fault Divorce: Requires a separation period of one year (or six months if you have no children and a signed separation agreement).
• Fault-Based Divorce: Based on issues like adultery, cruelty, desertion, or conviction of a felony.

What is the difference between legal separation and divorce?

Virginia does not have a legal process called “legal separation” like some other states. However, couples can live separately and begin accumulating the time required for a no-fault divorce. During this period, you can enter into a separation agreement to settle issues like child custody, property division, and support.

What happens to property during a divorce?

Virginia follows the rule of equitable distribution, which means the court divides marital property fairly, though not necessarily equally.

There are three types of property:

• Marital Property: Acquired during the marriage and subject to division.
• Separate Property: Owned before the marriage or received as a gift/inheritance.
• Part-Marital/Part-Separate: Property that started as separate but was combined or increased in value due to joint efforts.

The court considers various factors like the length of the marriage, contributions by each spouse, and financial circumstances when dividing property.

How is child custody decided in Virginia?

Child custody is determined based on the best interests of the child.

Virginia family law does not favor either parent. Courts can award two types of custody:

• Legal Custody: The right to make important decisions about the child’s life (education, health care, etc.).
• Physical Custody: Where and with whom the child lives.

Custody can be sole (one parent has custody) or joint (both parents share responsibilities). The court considers factors such as:

• The age and physical/mental condition of the child
• The relationship between each parent and the child
• The willingness of each parent to support the child’s relationship with the other parent
• Any history of abuse or neglect

What is visitation or parenting time?

If one parent is awarded primary physical custody, the other is typically granted visitation rights. The court may create a visitation schedule that includes weekdays, weekends, holidays, and summer breaks.

If there are concerns about a child’s safety, the court can order supervised visitation, where a third party is present during visits.

How is child support calculated?

Virginia uses a specific formula to calculate child support. It considers:

• The income of both parents
• The number of children
• The amount of time each parent spends with the child
• Childcare and health insurance costs

The goal is to ensure the child’s standard of living is maintained. The non-custodial parent usually pays child support to the custodial parent.

Can child support be modified?

Yes. Either parent can request a modification of child support if there has been a significant change in circumstances. This could include:

• Job loss or significant change in income
• Change in custody arrangements
• Increase in child care or medical expenses

The court will review the case and determine whether the support amount should be changed.

What is spousal support (alimony) in Virginia?

Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after separation or divorce. It can be:

• Temporary: During the divorce process
• Rehabilitative: To help the receiving spouse become self-supporting
• Permanent: Rare, but possible in long-term marriages

The court considers factors like:

• Duration of the marriage
• Standard of living during the marriage
• Each spouse’s earning capacity and financial needs
• Contributions to the marriage, including homemaking

Can spousal support be changed?

Yes. Like child support, spousal support can be modified if there is a material change in circumstances, unless the divorce decree specifically says otherwise. It can also be terminated if the recipient remarries or cohabits with a partner for more than a year.

What if we have a prenuptial agreement?

A prenuptial agreement is a legal contract signed before marriage that outlines how property, debts, and other issues will be handled in case of divorce. Virginia courts generally uphold prenuptial agreements as long as:

• The agreement was voluntary
• Both parties disclosed assets and debts
• The terms are not unconscionable or illegal

What should I know about domestic violence?

Domestic violence includes physical abuse, emotional abuse, threats, or harassment. Victims can seek protection through the court with a Protective Order, which may:

• Require the abuser to stay away from the victim
• Grant temporary custody of children
• Prohibit contact or communication

Protective orders can be short-term (emergency) or long-term (up to 2 years). Violating a protective order is a criminal offense.

Can I relocate with my child after divorce?

If you want to move with your child, you must notify the other parent and the court at least 30 days before the move. The court will consider whether the relocation is in the child’s best interests.

If the move affects the other parent’s visitation, the court may modify the custody arrangement. Relocation requests can be complex and often lead to court hearings.

How do I adopt a child in Virginia?

Adoption legally establishes a parent-child relationship. There are several types of adoption in Virginia:

• Agency Adoption: Through a licensed child-placing agency
• Parental Placement Adoption: Arranged directly with the child’s birth parents
• Stepparent Adoption: A stepparent adopts the child of their spouse
• Adult Adoption: One adult adopts another adult

The process includes background checks, home studies, and court approval to ensure the adoption is in the child’s best interest.

Do I need a lawyer for family law issues?

While it is possible to represent yourself, family law cases often involve complex legal and emotional issues. Having a family lawyer in Virginia ensures your rights are protected and that you understand your legal options. An attorney can also help with negotiation, document preparation, and court representation.

Schedule Your Initial Consultation with our Virginia Family Law Attorney Today

Contact Olmstead & Olmstead, P.C. today to schedule a consultation with one of our Virginia family law attorneys. We recommend that you bring financial documentation, such as bank account statements and retirement accounts. A court order listing information about minor children, debts and assets is helpful for this appointment as well. It will allow us to quickly review your case during the session so we can let you know right away if we would be able to help you. Our dedicated Virginia family law attorneys look forward to meeting with you to discuss how we can be of service. Contact us today.