Fairfax County Divorce Lawyers

Committed To Guiding Families Of Fairfax Through Divorce

Divorce can be an emotionally and legally complicated process and when you and your loved ones’ futures are at stake, you deserve to work with exceptional legal advocates.

At Malinowski Hubbard, our lawyers have extensive experience guiding clients through all manner of divorce proceedings. With our straight-talk communication style, we ensure that you will always know the status of your case and your legal options. If you are working through or anticipating a divorce, our firm can provide the dedicated representation you deserve. 

How Do I File For Divorce in VA?

To get a divorce in Virginia, either you or your partner need to be a local resident in the state of Virginia for at least 6 months prior to declaring divorce. If there are no children from the marital relationship, you must be separated for a minimum of six months and have a written residential or commercial property.

Why Choose Malinowski Hubbard, PLLC?

• Recognized in Best Lawyers® and Super Lawyers®
• Over 40 Years of Collective Legal Insight and Experience
• Top Rating for Ethics & Talent (AV Preeminent® Rating)
• Legal Careers That Have Been 100% Focused on Family Law

Call (703) 935-4222 or send an email to reach us today. Start getting the legal answers you can depend on.

What to Know About Divorce in Virginia

Whether you settle through mediation or go to court, our attorneys can provide tenacious representation. We can handle issues that may arise concerning high net worth divorces, asset division, and family law matters.

Here are three things you need to know about divorce in Virginia:

• The cost for filing for divorce is $108.00. This includes a name change order if you want to revert to your maiden name, which is $22.00. Without the name change, the cost for filing a divorce claim is $86.00. The average cost for the entire divorce process, however, is $14,500. This includes attorneys’ fees, compensation for witnesses and others involved in a trial, and the cost of filing and copying documents. The divorce cost goes up if there are minor children involved, or if the case involves large assets.
• On average, it takes one year to get a divorce. Virginia courts require a one-year separation period before validating the divorce, or six months if no minor children are involved. For contested divorces, the minimum of a one year separation period still applies. If the ground for divorce is adultery, however, there is no waiting period. If you can prove your spouse committed adultery, you can immediately obtain a divorce without waiting.
• In Virginia, you can file for divorce without an attorney. Under Virginia law, you can represent yourself in divorce proceedings. You must draft a Bill of Complaint and serve it to your spouse, who then has 21 days to respond. Your spouse has 30 days to respond if residing in another state, or 60 days to respond if residing in another country. After serving your spouse, you must attend a Pendente Lite hearing regarding issues of child custody and visitation rights, and then draft a deposition outlining the grounds for divorce. After writing the deposition, you must create a marital settlement agreement with your spouse and present it to a judge for approval.

If you are seeking divorce in Virginia, having experienced representation can help ensure you don’t forget important steps or miss any deadlines. Whether your case is uncontested or contested, Malinowski Hubbard, PLLC can provide the legal advice and representation you need. We can guide you through every step of the process and handle any issues that may arise.

What Does Divorce Involve in Fairfax County?

Our lawyers have successfully negotiated many amicable settlements in divorces, enabling our clients to legally finalize this emotional process and avoid the added stress and cost of going to trial.

If a settlement out of the courtroom is not possible, we are equipped to provide you with vigorous, competent representation at trial. From matters of child custody to gray divorces to seeking or defending against protective orders, we can safeguard your rights and can keep you informed and fully involved throughout the process.

We are experienced in litigating a wide range of divorce cases, including complex financial matters in asset division. These complex financial matters include, but are not limited to:

• Tracing assets
• Closely-held businesses
• Discovery of hidden assets
• Division of retirement accounts
• Protecting separate assets, such as inheritance
• Dividing hybrid assets that are part separate and part marital

Decisions regarding the division of property can often be a point of contention and when spouses cannot come to an agreement, a court will dictate the terms of division and distribution. Virginia is an equitable distribution state, meaning that property will be divided fairly between spouses based on each spouse’s total contribution to the marriage among other factors. However, “fair” does not always mean “equal” and consulting with our firm can help to see that you receive your appropriate share of the marital assets.

Contact us today to speak with a skilled attorney from Malinowski Hubbard, PLLC!

Types of Divorce in Virginia

Generally, there are two main avenues for the dissolution of marriage: contested and uncontested divorce.

In cases where spouses can reach agreements outside of a courtroom or through processes such as mediation, an uncontested divorce may be appropriate. This method can be less costly and more expedient as litigation is usually not needed.

In cases where disputes exist regarding one or more major issues, however, a court hearing may be inevitable. This is known as a contested divorce and in Virginia, spouses have the option of pursuing a “fault” divorce against one another.

Grounds for a fault divorce can include:

• Adultery
• The abandonment of a spouse
• Abuse or threats which cause reasonable fear for a spouse’s safety
• A spouse is convicted of a felony punishable by more than one year in jail

How Long Do You Have to Live in Virginia to Get a Divorce?

There is also a residency requirement which divorcing spouses must meet, regardless of the route for divorce they pursue.

In Virginia, to be eligible to file for divorce, one spouse must live in the state for at least six months. Furthermore, spouses may be required to live apart for a period of six months to one year, depending on the method of divorce and whether there are any minor children.

This requirement may be different for members of the military.

Nationally Recognized Attorneys

When the future of your family is on the line, look no further than Malinowski Hubbard, PLLC. Only a select number of attorneys in the United States are chosen to be Fellows of the American Academy of Matrimonial Lawyers (AAML). Christopher Malinowski is one of those select few and is recognized as a leading figure in the field of divorce and family law, having earned this recognition by demonstrating exceptional talent, insight, and integrity in his legal practice.

Call (703) 935-4222 today or schedule your consultation online to consult our experienced, trial-tested divorce attorneys.

Our lawyers practice in all Northern Virginia Courts, including Fairfax, Arlington, Prince William, Loudoun, and Stafford Counties, as well as the City of Alexandria.