Bushman Law Group Family Law

Licensed in Virginia and the district of columbia

Serving:

Arlington County

Alexandria City

Fairfax County

Falls Church City

Town of Herndon

Town of Vienna

Family Law

The Bushman Law Group handles family law matters. Family Law is a broad topic and we handle all issues from prenuptial to post-nuptial, and on to divorce. A prenuptial is a device used to protect assets prior to an anticipated marriage. A post-nuptial is a device used to protect assets after a marriage. Both are contracts and are governed by the law of contracts in addition to specific Virginia statutes that regulate them.

Divorce happens regularly in society and those who marry without a prenuptial or post-nuptial may face the issue of equitable distribution, alimony and possibly child support. Grounds for divorce are few but each carries with it certain requirements. A no–fault divorce is where both parties agree to the divorce. Here, the parties must live separate and apart for one year and then the divorce will be granted by the Circuit Court. If the parties have no children then they can speed up this time to six months if the also can agree to a Property Settlement Agreement. On the other hand, there are several fault based grounds for divorce. Some of these grounds are Adultery, Desertion, and Constructive Desertion. When one party has committed one of these grounds, the Circuit Court in its decree of divorce may award the non-offending party a greater part of the marital assets to be equitable under the situation.

Equitable distribution is the courts division of property. Property is initially placed in three categories: Separate, Marital, and Hybrid. Separate property is property one generally had before marriage but stays separate from the marriage. Marital property is generally property acquired during the marriage. Hybrid property is property that was separate but has become part separate and part marital. Separate property remains separate property of the party throughout the marriage so long as it never becomes part of the marital property; for example, you inherit money from your uncle and place it in an account with your husband, the money is now marital property. Marital property will be divided according to fault, and Hybrid property will be divided in accordance with that portion that has become part marital.

Alimony and child support will be granted by a court upon an analysis of the statutory factors. These factors are fact intensive and intimate to the relationship and the parties. A court will only grant alimony to do justice and will not grant alimony merely to inflict distress on an offending party. Child support is the right of the child and not the right of either parent. Every parent has a duty to support his or her children.

The Bushman Law Group is willingly to talk to you and guide you through the process. Please give us a call at 703-524-0700 for more information.