Divorce

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Your upcoming divorce can be a very trying time for you and your family. The Bungard Law Office L.L.C. recognizes the importance of being thorough and sensitive in this trying time, to ensure you get the best results for you and your children (if any are involved). For an affordable rate, we can successfully litigate any contested divorce situation, or help with the paperwork for an uncontested filing.

Uncontested divorce filing

Contested divorce filing

Visitation

Child custody

Separation agreements

marital property

Uncontested divorce filings
Affordable services

Contested Divorce Filings

There are many issues to be considered in a divorce to include child custody, child and spousal support, and property division. As stated in our Uncontested Divorce section, attempting to enter into a separation agreement with your spouse and settle the divorce and surrounding issues outside of court is always the best place to start. Unfortunately not all divorces can be settled and litigation and a final determination by the court becomes necessary. If you find yourself in this situation now or think you might in the future then there are probably some questions that you have as follows:

 

“What makes my divorce contested or uncontested?”

Your divorce is considered “contested” if you are filing for divorce on “fault” grounds or on separation grounds and you and your spouse do not have a separation agreement (also known by a variety of other names such as “property settlement agreement” or “marital separation agreement”). Also keep in mind that while your divorce may begin as a contested matter, it could end up being settled by you and your spouse prior to the final court hearing, thus becoming an uncontested divorce. In fact, many cases that begin as contested matters find their way into settlement before the Judge has to make the final determination.

 

“What are the grounds for divorce in Virginia and what is a fault ground?”

Virginia Code, Section 20-91 is the pertinent code section and in Virginia the grounds for divorce can be either “fault” or “no fault”. There are two no-fault grounds for divorce as follows:
1. when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year; and
2. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

There are three fault grounds for divorce as follows:
1. For adultery; or for sodomy or buggery committed outside the marriage;
2. Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights); and
3. Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act

 

“How does the Court decide what to do with the marital property?”

Virginia is an “equitable distribution” state and therefore the court distributes the marital property in an equitable fashion. Keep in mind that an equitable fashion does not necessarily mean that the court will distribute the property completely equally but the court strives to achieve a fair distribution. Virginia Code Section 20-107.3(E) lays out the following factors that the court must consider when distributing the property:
1. The contributions, monetary and non-monetary, of each party to the well-being of the family;
2. The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
3. The duration of the marriage;
4. The ages and physical and mental condition of the parties;
5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
6. How and when specific items of such marital property were acquired;
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
8. The liquid or non-liquid character of all marital property;
9. The tax consequences to each party;
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

 

“How will the court determine who gets custody of our children?”

There are many factors that the court is required to consider when determining which parent will have custody of the child or children and what the visitation schedules should be. Please see our custody section for more information.

Fair Representation for Men

Your upcoming divorce can be a very trying time for you and your family. The Bungard Law Office L.L.C. recognizes the importance of being thorough and sensitive in this trying time, to ensure you get the best results for you and your children (if any are involved). For an affordable rate, we can successfully litigate any contested divorce situation, or help with the paperwork for an uncontested filing.

Men can sometimes be overlooked in the custody, visitation and child access portions of a divorce.  If you are a Father requiring vigorous defense of your parental rights then look no further than the Bungard Law Office for your zealous advocates.
We represent Maryland Clients in all aspects of their uncontested divorce hearing

Virginia uncontested divorces are a flat fee of $586 (does not include separation agreement)

We represent Maryland Clients in all aspects of their uncontested divorces for a flat fee of $1750.  Fee includes the preparation of a Separation Agreement, preparation of the divorce pleadings and appearance at the uncontested divorce hearing.”
services for $586.

Men can sometimes be overlooked in the custody, visitation, and child access portions of a divorce. If you are a Father requiring vigorous defense of your parental rights then look no further than the Bungard Law Office for your zealous advocates.

In the past, men have often been overlooked during the settlement of a contested divorce filing. This is especially the case when it comes to child custody and visitation rights. We will ensure that you get the best possible outcome for you and your continued parental rights.

 

24/7 call answering and flexible consultation scheduling

ADDRESS

800 Corporate Drive, Suite 301
Stafford, VA 22554
839 Bestgate Rd., Suite 400
Annapolis, MD 21401

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APPOINTMENT HOURS

CONTACT

 

Annapolis, MD : 410-878-7968
Stafford, VA : 540-446-0357
Mobile: 443-822-6994