KHANNA LAW, PLLC – FAMILY & DIVORCE LAWYERS IN LEESBURG VA
Divorce, custody and other family law case procedures in Loudoun County differ substantially from other Northern Virginia Counties. Khanna Law is here to help guide you through the complicated Court process to obtain the best outcome for your Loudoun County divorce & family law case.
LEESBURG DIVORCE & SEPARATE MAINTENANCE CASES
If you are a Leesburg resident, have been separated for one year or more, or you have fault grounds for divorce then Loudoun County Circuit Court may have jurisdiction over your case.
Once you file a complaint for divorce (whether on fault or no-fault basis), the opposing party will be served with the summons and a copy of the divorce complaint. The service of summons and complaint is performed either by the Loudoun County Sheriff’s office or by a private process server that you retain. The Defendant (opposing party) will have 21 days from the date of service to file his or her answer to the complaint.
Depending on the facts of your case, you may need the Court to provide temporary resolution for some issues in your case as the final divorce trial may not be heard for a few months.
These issues regarding temporary custody, visitation, child support, and, spousal support, are usually heard during a Pendente Lite Motions hearing. Loudoun County’s motions docket is held on the first Friday of every Month. Keep in mind, that only motions that can be heard in 20 minutes or less are scheduled for the motions docket.
Motions that take longer than 20 minutes can be scheduled by appearing at the Court’s scheduling docket or by using Loudoun County Circuit Court’s telephone scheduling program.
IS LEGAL SEPARATION AVAILABLE IN VIRGINIA?
Virginia allows divorce based on no-fault basis if the parties have one-year separation or six-month separation (depending on the facts of the case). Virginia law does not have a procedure for obtaining a “legal separation” in these no-fault cases. The closest thing Virginia has to legal separation is called a “divorce from bed and board,” which is limited to fault-based cases and very rarely granted in Virginia.
If you have recently separated from your spouse, and have questions regarding separation and divorce, call Khanna Law for answers and legal guidance.
CUSTODY, VISITATION & FAMILY LAW CASES IN LEESEBURG, VA:
If you are a resident of Leesburg, most likely Loudoun County Juvenile Domestic Relations Court or Circuit Court will have jurisdiction over your custody and visitation case.
After a thorough consultation, we can determine which Loudoun County Court will have jurisdiction over your case and make the appropriate filing.
If your custody & visitation case is filed in the Loudoun County Juvenile & Domestic Relations District Court, the “Respondent”, who is the opposing party or the other parent will be served with summons and a copy of the custody & visitation petition. The service will be performed by the sheriff or a private process server. Both parties (Petitioner & Respondent) will also get a notice of hearing for your first status hearing.
At your first status hearing, the judge will most likely authorize discovery and also schedule a trial date. If you have any immediate issues to be decided by the Court, then you will have to file a motion which will be heard by the Court on its’ motion’s day.
In making the custody determination, the Court has to consider what is in the best interest of the child. In order to determine what is in the best interest of a child, the Court takes various factors into account (outlined by VA Code Section 20-124.3). Factors considered by the court in determining the best interest of the child include age, physical, and mental health of the parents; age of the child; the existing relationship between each parent and the child; the needs of the child; the role played by each parent in the child’s upbringing and care; the Child’s wishes (if of sufficient age, intelligence and maturity); and, the ability of each parent to foster a strong relationship between the child and the non-custodial parent. The Court also considers the ability of each parent to resolve any dispute regarding the child.
KHANNA LAW – YOUR LEESBURG FAMILY & DIVORCE LAWYERS
At Khanna Law, we represent clients in their custody, divorce and family matter from every part of Loudoun County, including Leesburg, Ashburn, Brambleton, Sterling, South Riding, Potomac Falls, Purcellville, Round Hill, Middleburg, Waterford, Lovettsville and Aldie, and all of Northern Virginia.
Call our award-winning attorney to schedule a consultation regarding your custody, divorce & family law case today.