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Virginia Prostitution Solicitation Pandering Laws Fairfax

Virginia Lawyers – Prostitution & Solicitation Defense In Fairfax

Prostitution is the oldest profession in the world. Prostitution is also legal in many parts of the world or at least in most countries, the law turns a blind eye towards those who make a living by engaging in prostitution.

In the United States, prostitution is illegal in almost every state. If a person, offers to, agrees to or engages in a sexual act for compensation, then the person has broken the law. The magic words necessary for the police to charge you with prostitution is “SEX & MONEY”. In most states, the following people can be charged with the crime of prostitution. The person who provides the service of prostitution known commonly as the prostitute, the person who pays for the services of the prostitute, commonly referred to as the “john” and any middleman, commonly referred to as the “pimp”. The alleged prostitute is charged with prostitution.

Fairfax Virginia Prostitution Solicitation Pandering Laws
Fairfax Virginia Prostitution Solicitation Pandering Laws

The “john” will be charged with solicitation of prostitution. The “pimp” will be charged with pandering. Depending on the state, certain acts of facilitating prostitution can even be charged as felony.

Prostitution is the practice of engaging in sexual activity, usually with individuals other than a spouse or a friend, in exchange for money or other valuables.

Pandering is the act of recruiting a prostitute or soliciting customers for a prostitute. A pimp commits the crime of pandering.

Solicitation is the act of asking, inducing or directing someone to engage in sexual activity in exchange for money. Solicitation is commonly known as Solicitation for Prostitution.

If you wish to speak with a Virginia attorney who defends clients charged with prostitution, solicitation of prostitution or pandering, please call us at 888-437-7747, or contact us via our on line form.

The Law Offices of SRIS, P.C. have client meeting locations in Virginia

Virginia: Fairfax, Lynchburg, Fredericksburg, Manassas, Loudoun, Richmond & Virginia Beach.

Our criminal defense attorneys in Fairfax, Virginia who defend those charged with prostitution, solicitation of prostitution or pandering and staff, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Sex Crime Defense Laws Sexual Minor Solicitation Assault Child Pornography Fairfax

Virginia Attorneys – Sex Crime Defense In Fairfax

REPRESENTING SEX OFFENSE CLIENTS IN VIRGINIA STATE AND FEDERAL COURTS

Lawyers in Fairfax Virginia Defending Sex Crimes

The Fairfax, Virginia defense attorneys of SRIS, P.C., have experience in sex crimes cases and all other aspects of criminal sex crimes defense.

It is important to seek a SRIS, P.C. defense lawyer if you have been charged with a sex crime in Fairfax, Virginia. A sex crime conviction in Fairfax, Virginia carries serious consequences, but there are solutions and defenses to these sex offense charges. The attorneys in our firm who defend clients charged with a sex crime in Fairfax, Virginia have experience necessary to defend individuals charged with sex offenses.

Virginia Sex Crime Defense Laws
Virginia Sex Crime Defense Laws

If you wish to consult a SRIS, P.C. defense attorney in Fairfax, Virginia, please simply contact us via phone at 888-437-7747. A defense lawyer in Fairfax, Virginia, will gladly consult with you regarding your sex offense charge.

The defense lawyers of SRIS, P.C. have client meeting locations in the following locations:

Virginia: Fairfax, Fredericksburg,Lynchburg, Loudoun, Manassas, Richmond, and Virginia Beach.

Why is it important to have legal representation in sex crimes cases?

Legal representation is critical in sex crimes cases because with the social sentiment following anyone accused of a sex crime, you need a sex offense law attorney who is not affected by public opinion, and who can advise you of rights and protections you may be unaware of. Regardless of the charge, you deserve an opportunity to explain your side of the story, and clear your good name.

A Fairfax, Virginia lawyer of the Law Offices of SRIS, P.C. will question every part of the charge to force the prosecution to prove every element of its sex offense case. The Fairfax, Virginia defense attorneys of SRIS, P.C. pledge to give relentless, aggressive representation to challenge every facet of the case so that you have the best defense possible.

The Fairfax, Virginia defense lawyers at SRIS, P.C., represent and defend clients in a wide range of sexual offense law cases, including: rape, child molestation, child abuse, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession/distribution/sale of child pornography (kiddie porn), sexual battery, lewd conduct, spousal rape, statutory rape and internet sex crimes such as solicitation of a minor via internet (computer solicitation of a minor, sexual solicitation of a minor, use of a communication system to solicit a minor).

Clients receive individualized attention and professional legal representation.

At the Law Offices of SRIS, P.C., our Fairfax, Virginia defense attorneys handle each sex crimes matter tailored to the personal needs, concerns, and best interest of our clients. You can expect prompt replies to e-mails and phone calls. Our sex crimes defense lawyers are committed to offering honest and sound advice. Most important, our defense attorneys will defend and advocate your sex offense case aggressively and vigorously both in plea negotiations and in the courtroom.

Our defense attorneys and staff in Fairfax, Virginia, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

For more information or to make an appointment with SRIS, P.C. defense lawyer, please call us at 888-437-7747.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Rape Defense Laws Fairfax Date Rape Attorney Statutory Criminal Law

Virginia Lawyer Defending Rape Charges In Fairfax

Fairfax, Virginia Sex Crime Lawyer

No means NO in today’s society. Rape also referred to as first-degree sexual assault in some states is the non-consensual sexual intercourse that is achieved by the use of physical force, threat of injury, or other duress. If the alleged victim of a rape claims that there was a lack of consent due to the effects of drugs and/or alcohol, thereby preventing the alleged victim from saying no, a person can be charged with rape.

Fairfax Virginia Rape Defense Laws
Fairfax Virginia Rape Defense Laws

Any time non-consensual intercourse occurs that is committed by the use of physical force, threat of injury or other duress, it is deemed to be rape. Thus, rape can occur between a boyfriend and a girlfriend who have an existing relationship. This is commonly referred to as “date rape”. A rape can occur even between a husband and wife. This is commonly referred to as “marital rape.”

Another form of rape is “statutory rape”. In most states, it is unlawful for an adult to engage in sexual intercourse with a person who is under the age of 18 or under the age of consent. The age of consent is determined by the law of each individual state. Statutory rape is deemed to be a strict liability crime. Whether there was consent or not, is irrelevant.

If you wish to speak with an attorney who defends clients charged with rape in Fairfax, VA please call us at 888-437-7747.

The Law Offices of SRIS, P.C. have client meeting locations in Fairfax, Lynchburg, Manassas, Loudoun, Richmond & Virginia Beach

If you wish to speak with an attorney in Fairfax, Virginia who defends clients charged with rape, please call us at 888-437-7747

Our attorneys who provide defense to those charged with rape and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Internet Sex Crimes Defense Virginia Cost Child Pornography Solicitation Minor Fairfax

So often, we are contacted by clients or their loved ones about being charged with an internet sex crime in Fairfax Virginia. The most common type of charges we are contacted about is child pornography or solicitation of a minor online. What determines whether the client is able to obtain representation from us is cost. You may ask why is cost a factor. The reality is that if you want skilled, qualified and experienced representation for an internet sex crime case, it is not going to be cheap.

Internet Sex Crimes Defense In Fairfax Virginia
Internet Sex Crimes Defense In Fairfax Virginia

Am I saying you are not going to find a lawyer in Fairfax, Virginia who can represent you for a lower cost? Absolutely not. You will also find lawyers in Fairfax, Virginia who will charge you two to three times what we charge for the same type of case.

Our firm has client meeting locations in Virginia: Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Lynchburg & Fredericksburg

What I am saying is that; do not think you are going to get qualified experienced representation for cheap. You need an attorney who not only understands computers, the internet and the technology behind the charge, but you also need an attorney who has defended numerous cases of this nature both at the federal and state level for a significant period of time.

Ask the attorney you are talking to in Fairfax, Virginia how long their firm has been defending cases of this nature. If the answer is, “Our firm has been defending child pornography and solicitation of minor cases for a year or two”, think carefully before you hire that attorney.

Also, if your attorney is willing to take a case for $5K to $9K, ask yourself how much experience the attorney has in this particular area of criminal law.

Internet sex crimes defense is a sub niche practice area of criminal law. Understanding the ins and outs of child pornography defense and solicitation of minor defense is critical to your defense. This understanding does not come cheap or with limited experience.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Class One Misdemeanor Virginia Laws 18.2-11 Fairfax

Code For Misdemeanor In Fairfax Virginia

§ 18.2-9 (2). Classification of criminal offenses.

Misdemeanors are classified, for the purposes of punishment and sentencing, into four classes:

  1. Class 1 misdemeanor
  2. Class 2 misdemeanor
  3. Class 3 misdemeanor
  4. Class 4 misdemeanor.
Class One Misdemeanor Laws In Fairfax Virginia
Class One Misdemeanor Laws In Fairfax Virginia

FAIRFAX VIRGINIA – PENALTIES FOR CONVICTION OF MISDEMEANOR

Va. Code 18.2 – 11

MISDEMEANOR

PUNISHMENT FOR CONVICTION OF MISDEMEANOR

CLASS 1 Confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both
CLASS 2 Confinement in jail for not more than six months and a
fine of not more than $1,000, either or both
CLASS 3 A fine of not more than $500
CLASS 4 A fine of not more than $250

What is a Class 1 misdemeanor in Fairfax, Virginia?

As stated above, Virginia has 4 levels of misdemeanors. Class 1 Misdemeanor is the highest level of misdemeanor in Virginia. The penalties for a class 1 misdemeanor in Virginia can result in an actual jail sentence.

Our firm assists clients charged with misdemeanors in Fairfax, Virginia. We have client meeting locations in the following locations: Fairfax, Richmond, Virginia Beach, Prince William, Loudoun & Fredericksburg & Lynchburg

Virginia Code § 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

  • For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
  • For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
  • For Class 3 misdemeanors, a fine of not more than $500.
  • For Class 4 misdemeanors, a fine of not more than $250.

For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

Virginia Code § 18.2-12. Same; where no punishment or maximum punishment prescribed.

A misdemeanor for which no punishment or no maximum punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Spousal Support Alimony Virginia Lawyer Divorce Fairfax

Spousal Support & Alimony Laws In Fairfax Virginia

Spousal maintenance – Alimony

Even in uncontested divorces in Fairfax, Virginia spousal support/alimony may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Fairfax, Virginia.

Fairfax Virginia Spousal Support Laws
Fairfax Virginia Spousal Support Laws

Regardless of the term used in Fairfax, Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people in Fairfax, Virginia don’t realize is that alimony is taxable. The person paying the alimony in Fairfax, Virginia deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.

Child support on the other hand is not taxable. Alimony is completely independent from child support and Fairfax, Virginia uses set guidelines to determine alimony. The Family Law Courts in Fairfax, Virginia have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most Virginia attorneys work hard towards trying to settle the issue of alimony in divorce cases without risking a trial on the issue of alimony. Our lawyers in Fairfax, Virginia who assist clients with divorce cases in Virginia will work to help you get spousal support and when necessary, defend an action for alimony.

Our Virginia lawyers who assist clients with spousal support and alimony issues have client meeting locations in Virginia:

Virginia: Northern Virginia – Fairfax, Loudoun & Manassas; Central Virginia – Fredericksburg & Richmond; Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

Our Fairfax, Virginia lawyers who assist clients with spousal support and alimony have an extensive amount of experience in resolving issues regarding spousal support and alimony in Fairfax, Virginia. Our Fairfax, Virginia attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues.

If you wish to consult a SRIS, P.C. attorney in Fairfax, Virginia regarding alimony or spousal support, call us at 888-437-7747.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Child Custody Virginia Lawyer Fairfax

VIRGINIA LAWYERS – CHILD CUSTODY IN FAIRFAX

Get Child Custody Help When It Matters The Most

One of the first questions in a divorce in Fairfax, Virginia is who will get custody of the child or children?

Child custody in Fairfax, Virginia is a legal term used to qualify the relationship the child or children has between the parents. A determination of child custody in Fairfax, Virginia will resolve issues such as which parent will the child or children spend the majority of time with or will the parents equally share their time with the child or children. Also, a determination of child custody in Fairfax, Virginia may have an impact on child support payments and a determination of who are the payer and the payee.

Child Custody Laws In Fairfax Virginia
Child Custody Laws In Fairfax Virginia

If you are in need the help of a lawyer in Fairfax, Virginia for a child custody case, turn to the Fairfax, Virginia attorneys of SRIS, P.C. for help. We have client meeting locations in Virginia to better serve you.

Virginia: Fairfax, Fredericksburg, Loudoun, Lynchburg, Manassas, Richmond & Virginia Beach.

If you wish to speak with one of our lawyers in Fairfax, Virginia regarding a child custody case in Fairfax Virginia, please feel free to call us 888-437-7747

The following is a general overview of some of the issues that a parent may face in regards to child custody in Fairfax, Virginia.

The child custody courts in Fairfax, Virginia will frequently use the term “best interests of the child” in making a determination as to child custody in Fairfax, Virginia. Although the courts in Virginia will generally consider all the factors in a child custody determination, some factors will be given more weight than others.

Our Fairfax, Virginia lawyers have found that most parents are able to decide by themselves what the child custody and visitation arrangements are going to be for the child or children without a judge deciding the issue of child custody. However, some parents in Virginia are not reasonable and unable to cooperate and come to an agreement as to the custody of the child or children. When parents engage in child custody litigation, the relationship between the parents can become very hostile. The mentality some parents take is that of a win at all costs. Some of the allegations that are made in court filings are that of sexual, physical, emotional abuse, alienation of affection by the other parent, etc. The Virginia attorneys of SRIS, P.C. will always counsel their clients to take the “high road” in a custody battle. The reason we counsel our clients to take the high road approach in a child custody battle is for two reasons:

  1. the truth ultimately comes out and judges who have been hearing child custody cases in Virginia are not pleased when parents make false allegations;
  2. although it is very important that you do not allow false allegations to go unchallenged, child custody battles can be very expensive. If both parties engage in making speculative allegations in a child custody case, this will only drive up the cost of litigation.

When child custody disputes arise in Fairfax, Virginia, it is not uncommon for one of the parents to attempt to engage in forum shopping in an endeavor to gain an unfair edge against the other party. Forum shopping is basically looking for a state or country that may have more favorable laws towards one of the parents in regards to child custody. Many countries have become a part of the Hague Convention to prevent forum shopping between countries. Additionally, in the United States, an act called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted and adopted by every state to prevent forum shopping in child custody cases. The essence of this act is to require all the states to defer to the jurisdiction of the home state of the child or children. The Fairfax, Virginia attorneys of SRIS, P.C. have represented clients who have to deal with the other parent attempting to engage in forum shopping. It is very important to hire the services of a lawyer when faced with an issue of forum shopping. The statutory designation of “home state” lasts only for a certain period of time.

The attorneys of SRIS, P.C. do truly care about you and your children and we look forward to helping you.

Please feel free to call us at 888-437-7747.

Our attorneys and staff speak the following languages in addition to English: Tamil, Arabic, Hindi, Telugu, Spanish, Cantonese, Mandarin, Malaysian & French.
Frequently, the clients we represent in Virginia are inundated with variety of different terms regarding child custody and support. In an endeavor to better assist them understand the different terms used, the following are some of the official definitions from the Uniform Interstate Family Support Act and the Uniform Child Custody Jurisdiction and Enforcement Act.

FAQ’s for Child Custody Law Issues:

But what exactly determines this “best interests of the child” criteria?

Do Mother’s Have More “Clout” When It Comes To Retaining Child Custody?

What is Joint Custody?

It’s one of the sadder parts of any divorce – determining child custody and visitation. In deciding which parent (or both) gets custody, the court takes into account a multitude of factors.

In almost all courts in every state, the standard is: “The child’s best interests.” In deciding child custody issues – this one aspect is given the highest priority.

But what exactly determines this “best interests of the child” criteria?

Here’s a checklist of the most commonly used factors:

  • The child’s age, sex, and mental and physical health
  • The parent’s mental and physical health
  • The parent’s lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
  • The emotional bond between parent and child, as well as the parent’s ability to give the child guidance
  • The parent’s ability to provide the child with food, shelter, clothing, and medical care
  • The child’s established living pattern (school, home, community, religious institution)
  • The quality of the child’s education
  • The impact of changing the status quo in the child’s daily routine, and
  • The child’s preference, if the child is above a certain age (usually about 12).

In many cases, there are no clear cut answers in determining which parent clearly “outranks” another in fulfilling these custodial factors. Each may be equally (or nearly) qualified in providing for the child’s welfare and well being.

In divorce and child custody law cases like these, the courts focus on which parent will provide the child with the more stable environment, including maintaining a healthy relationship with the other parent. When a child is young, special attention is given to the parent who has been the child’s primary caregiver. However, with older children, the parent who is best able to provide continuity in education, neighborhood life, religious institutions, and peer relationships may be awarded primary custody.

Also, the judge in child custody cases in Virginia will place great weight upon the fact if the children will be remaining in the home where they were raised and lived as a family, if they will be continuing in the same school, participate in their usual activities and generally enjoy their regular routines. A judge will be adverse to changing these normal physical locations, conditions and schedules.

Another factor that comes into play with child custody cases is when one parent moves out of the house, leaving the child or children with the remaining spouse. This can adversely affect the chances of the distant parent gaining custody – even if they left in order to avoid highly unpleasant or even dangerous situations.

If the situation is so volatile, then seriously consider taking the children with you. If you don’t, the court may properly assume you considered the options and believed the remaining spouse was a competent caregiver – regardless of the situation between the two parents. If you do leave with the children, file as quickly as possible in family court for temporary child custody and child support. Speed is of the essence, because if you don’t act first, the other spouse may go to court first and allege that the kids were taken without that spouse’s knowledge.

Family law judges don’t look very highly on a parent who removes the children from the home without seeking legal recognition. A judge may order the children be returned to the family home, pending future proceedings to determine physical custody.

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Do Mother’s Have More “Clout” When It Comes To Retaining Child Custody?

In the past, it was customary for the courts to award custody of young children (about 5 years old or younger) to the mother when couples divorced. This “tender years” doctrine has been almost entirely replaced – either rejected outright or relegated to the role of tie-breaker if two otherwise fit parents request custody of their pre-school children

Every state now takes into consideration the fitness of both parents – the mother no longer automatically enjoys a de-facto privilege when custody is being determined. Most states require their courts determine custody on the basis of what’s in the children’s best interests, without regard to the parent’s gender.

Many divorcing parents do agree the mother will have custody after a separation or divorce, with the father exercising reasonable visitation rights. If this happens because both parents agree the mother has more time, a greater inclination in parenting, or a better understanding of the children’s daily needs – then all is well and good. But many times the father presumes the mother will automatically be awarded custody and never pursues the matter – or because the mother is more tenacious in seeking custody.

As a father, if you want to ask the court for physical custody, don’t let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may both be on equal footing. In fact, if you have more flexible hours than the mother, you could be at an advantage. In any event, the judge will look at what’s best for the children in custody cases.

So if you as father think you are the better caregiver and should have primary custody – it’s up to you to convince the judge that it’s in the kids’ best interests to stay with you. If you present yourself as a willing and able parent, it will go a long way towards challenging any lingering prejudice against you as a father.

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What is Joint Custody?

“Joint custody” pursuant to child custody law is when the court awards partial custody to both parents. Child custody law recognizes one of three forms when addressing joint custody:

  • joint physical custody (children spend a substantial amount of time with each parent)
  • joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or
  • both joint legal and joint physical custody.

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Divorce Virginia Contested Fairfax

DIVORCE IN FAIRFAX VIRGINIA

Generally, a divorce in Fairfax, Virginia that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Fairfax, Virginia can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner. How contested a divorce case in Fairfax, Virginia is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them. More often than not, the opposing attorney in a contested divorce case in Fairfax, Virginia will play a great role in how amicably a contested divorce can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Fairfax, Virginia will be for the parties.

Contested Divorce Laws In Fairfax Virginia
Contested Divorce Laws In Fairfax Virginia

How your specific case will proceed will greatly be determined by the specific facts of your case. The divorce laws in Fairfax, Virginia are complex. If you have questions about how the divorce laws in Fairfax, Virginia apply to the specific facts of your divorce case, do not hesitate to contact us.

Our attorneys in Fairfax, Virginia will do their best to assist you with your divorce. Please call us via our toll free number – 888-437-7747.

The Law Offices of SRIS, P.C. has client meeting locations & lawyers to assist you with your divorce in Fairfax, Virginia to better serve you.

Virginia: Northern Virginia, Central Virginia, Hampton Roads/Tidewater area & Western Virginia. Fairfax, Lynchburg, Loudoun, Prince William, Fredericksburg, Richmond & Virginia Beach.

FAIRFAX, VIRGINIA DIVORCE ATTORNEYS

Our Fairfax, Virginia attorneys are frequently asked questions about different divorce issues in Virginia. We hope that the information you find herein answer some of your basic questions regarding divorces in Virginia. After you read this, if you wish to talk to our Virginia lawyers about your divorce in Fairfax, Virginia, please feel free to call us at 888-437-7747. We are here to help you and fight for you if necessary.

The lawyers of SRIS, P.C. have client meeting locations in the following states :

Virginia: in Northern Virginia – Fairfax Loudoun & Manassas; in Central Virginia – Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

The Separation of the Parties In Fairfax, Virginia

As a general rule, parties cannot be deemed to be living separate and apart with the intent of remaining permanently separate and apart if they are both residing in the martial residence. If either spouse wants a divorce, the odds are, they are going to get a divorce. The real question is on what terms is the party desiring the divorce going to get it. If your spouse wants a divorce and wants you to move out of the marital home, perhaps refusing your spouse’s demands may be in your best interests. Refusing to move out may cause your spouse to agree to your terms for the divorce. Ultimately, the party who wants a divorce the most is the one who is willing to agree to almost any terms to get a divorce. Keep this in mind as you try to negotiate a property settlement and custody of the child(ren)

One caveat we always tell our clients is: the threat or possibility of danger of remaining in the marital home. Nothing is more important than being safe. If the other party has a history of physical violence or you have reason to believe that if you do not move out, the other party will hurt you, then you probably should leave.

The person who leaves the marital home without an express agreement that the parties have mutually agreed to separate may suffer some dire consequences in court. If you leave the marital residence, the Court may award custody of the children to the parent staying in the marital residence. This award of custody is initially awarded pending the final divorce hearing. However, as a general rule, divorce courts are averse to change the status quo. Thus, the parent who received the initial award of custody is the person who is most likely going to be the primary physical custodian of the child(ren). Additionally, the party leaving the marital home may be accused of abandoning the marital home. Keep in mind, that if you leave the marital home and don’t try to see your children frequently, this too may have negative consequences. During the pending divorce action, the visitation you have with your child(ren) may be dramatically limited. The party staying in the home may be awarded exclusive use and possession of the marital residence. The bottom line is what you do at the start of the separation process of the divorce will most likely have a long term impact as to how your divorce turns out. This is one of the main reasons you need excellent counsel right from the start from an experienced divorce attorney who almost exclusively handles contested divorces. Please keep in mind that divorce attorneys who practice other types of law are probably not as up to date with the new divorce laws that the courts have recently ruled upon.

The financial situation of the parties in Fairfax, Virginia

If you want to ensure that the marital assets are not wasted by the other party, make sure you are in control of all financial accounts and credit cards. Also, make sure you are in control of any form of credit that you may become liable for if used by the other party. Taking control is very easy. Simply transfer all assets of the marriage to a completely new and separate account that only you have access to. As a law professor once said, “it is a lot easier to give than to get.” The person who controls all the assets negotiates from a great position of strength. Remember a contested divorce can be costly and very few attorneys work for free.

Things not to do during the separation in Fairfax, Virginia.

DO NOT DO THINGS YOU WILL BE EMBARRASSED ABOUT IF IT COMES OUT DURING THE TRIAL.

Try not to date anyone. We understand that when you are going through a divorce, you may be emotionally upset and want solace. However, what you do during the separation may affect how the Court decides custody of the child(ren), if custody is at issue. Also, if you spend marital assets (property, money, etc. accumulated during the marriage) on your new “friend”, this may affect how the divorce Court determines the ultimate distribution of marital property. The Fairfax, Virginia lawyers at the Law Offices of SRIS, P.C. is here to help you. Listen to us and we will do our best to make this difficult time in your life as smooth as possible.

How does the legal aspect of the divorce start Fairfax, Virginia?

The first step is to file a pleading asking for a divorce. This is a legal document requesting the Court to grant you a divorce. Your spouse will then be served with this document by either a law enforcement authorized to serve process or a private process server. Generally, we prefer to use a private process server if we believe the party being served with a divorce is going to try and avoid service. Once the initial divorce papers are served, then your spouse has to determine how badly they are going to fight the divorce. Most people after being served with divorce papers think they have to get the nastiest divorce lawyer in town. This is a mistake. All this is going to do is end up costing both parties a lot of money and help put the nasty lawyer’s child through college. We recommend our clients to try and talk to the other spouse in a civil manner and attempt to reach a settlement. Before you go and talk to your spouse, we will advise you as to what a fair settlement is and what you can expect if you go to trial. If your spouse is reasonable and your spouse listens to your proposal, then he or she may agree or ask for time to go talk to their lawyer. Again, if and it is a big IF, the lawyer is reasonable and willing to give good advice to their client, both parties may be able to settle most of the divorce issues, if not all of the issues. However, if the other side chooses to be unreasonable in their demands regarding the divorce, there is only one option. GO TO COURT.

What to expect when you come in for your consultation in Fairfax, Virginia?

When you talk with a SRIS, P.C. Fairfax, Virginia lawyer about your divorce in Virginia, try to have an idea as to the value of the separate and marital assets and liabilities. Also, try to have an idea as to how you wish to have custody resolved if you have child(ren).

What will we talk about during our first consultation in Fairfax, Virginia?

First and foremost, we are here to help. You can count on us to be honest with you. We are not the type of lawyer who tells a client what they want to hear so that they can be hired. We will do our best to make the process as easy as possible, both financially and emotionally. We will listen to you and help you identify what is in your best interests. We will not aggressively promote going to court. This does not mean we are scared of trying cases. We simply do not want you to incur unnecessary costs. However, if your spouse is unreasonable or simply nasty and bitter, then we will gladly take the matter to court. Our goal is to help you get a fair resolution and get a divorce.

To settle or not settle your divorce case in Fairfax, Virginia?

No one can force you to settle. Only you can determine if a Fairfax, Virginia divorce settlement is acceptable.

What can I expect once the divorce process starts in Fairfax, Virginia?

One of the first things we will generally do is file a request for discovery in a divorce action. We use the discovery process in a divorce action to flesh out the information you give us. In turn, you will be asked to respond to a discovery request by the other party’s attorney.

There may be an entry of a temporary order. This will usually address the issues of who will stay in the marital home while the divorce is pending; what will be the custody arrangement while the divorce is pending; what support if any is awarded while the divorce is pending; etc.

During this entire process, the parties through their divorce attorneys will be trying to reach a settlement. However, after trying your best to settle the outstanding issues of the divorce, then there is only solution. Let the judge decide. The judge will hear all the issues regarding the divorce and make a determination as to custody, property, support, etc. All of the judge’s ruling will then be written up in the final decree of divorce. The final decree of divorce is an order of the court. Failure to abide by it may result in sanctions to the party disobeying the court’s order.

What do you do if you disagree with the Court’s ruling in Fairfax, Virginia?

You can always appeal the court’s ruling if you think it is not fair. We will advise you as to our opinion regarding the judge’s ruling. However, the ultimate determination as to whether an appeal is filed is always left up to the client. If you accept the court’s ruling and later wish to modify either the issues of support or custody, then you may request a modification provided there is grounds for a modification.

Granting Alimony In Divorce Proceedings In Fairfax, Virginia

Once a couple decides to divorce and starts the actual legal dissolution of marriage proceedings, either one may ask the court for interim financial support. This request is known as pendente lite – or “pending litigation.” This order is often used to provide for the support of a lower-income spouse while the legal process moves ahead.

After the divorce is final, either party may ask for post-marital alimony. Alimony is not an absolute right. The court will determine if alimony is justified by looking at the circumstances surrounding both the divorce and the divorcing couple.

If one party has received interim support, this financial obligation is not automatically extended after the dissolution becomes official. The reasons for granting support before the marriage ended may have changed after the divorce has become final.

The parties may decide on certain terms in their divorce case in a mutually agreeable manner – signing a binding agreement or legal document to that effect. This can include any alimony payments. If the couple does not have such an agreement, or cannot or will not come to terms, the court will step in, making a fair determination based on the facts and testimony submitted by both parties.

This determination is not set in stone – it can be modified when circumstances change, and one party gives the other proper notice and applies to the court for a re-hearing. However, unless there are compelling reasons, courts are generally reluctant to modify a prior existing agreement.

In some jurisdictions, the court always has authority in granting maintenance should one of the former spouses become a public charge – needing public assistance for the basic necessities of life.

Comparing Alimony and Child Support In Fairfax, Virginia

These are two separate arrangements. Alimony is not the same as child support. In child support, one parent is required to contribute financially in order to help raise (support) his or her children, by making structured payments to the child’s other parent or guardian.

Alimony and Taxes In Fairfax, Virginia

Unlike child support, alimony is treated as income to the receiving spouse, and can be taken as a deduction by the person paying. Child support is viewed as payments a parent makes for the support of their own offspring, and can’t be claimed as income or taken as a deduction.

Enforcing Alimony Payments In Fairfax, Virginia

Here is another area where there is a big difference between child support and alimony payments to an ex-spouse. In many states, non-payment of child support is treated as a criminal matter. The defaulting parent can have a host of legal sanctions placed against them, including loss of driver’s or professional licenses as well as actual prison time.

Alimony is treated as a civil matter. Someone trying to recover back alimony can only use the collection procedures available to any other general creditor. They can hire a collection agency to try and recover the funds, or instigate civil proceedings. If the spouse who’s defaulted on the alimony payments has no real assets to seize, the suing partner may get a judgment – but precious little else.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Divorce Virginia Lawyers Fairfax Separate Cohabitation

Divorce Virginia Lawyers Fairfax Separate Cohabitation

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Goodman v. Goodman

Facts:

Plaintiff wife filed for divorce from defendant husband. As grounds for the divorce, the wife stated that the parties had lived separate and apart from each other without any cohabitation and without interruption, although remaining within the same house. During such time, it was the intention of at least one of the parties that the separation be permanent; and, there was no possibility of a reconciliation between the parties.

If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Divorce Virginia Lawyers Fairfax Separate Cohabitation
Divorce Virginia Lawyers Fairfax Separate Cohabitation

Holdings:

The Virginia Court made the following holding:
  • A divorce based on one year separation does not require any evidence regarding the nature of the marital relationship. The legislature enacted Va. Code Ann. § 20-91(9) to permit the granting of a divorce to either spouse regardless of fault and without any inquiry into the quality of the relationship, when the parties have lived separate and apart for the required period. Living separate and apart requires more than mere physical separation. The act of physically separating must be coupled with the intent to end the marriage at the time of the separation.  But physical separation is required before the court can even look at the intent of the parties at the time of the separation.

 If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Reckless Driving Fairfax County Virginia DUI Speeding Ticket Defense Lawyer

Fairfax County Traffic Lawyers

At the SRIS Law Group, we defend clients who are charged with traffic offenses in Fairfax County, Virginia. Our attorneys assist clients with DUI &DWI cases, complex reckless driving charges and speeding tickets. Our Virginia attorneys will provide you with the defense you need and deserve. Our firm has defended clients charged with DUI, reckless Driving, speeding, and other traffic charges in Fairfax County, Virginia for many years.

Experienced Virginia Traffic Attorneys – An easy phone call away – 888-437-7747

A Traffic offense such as DUI, reckless driving, or speeding ticket necessitates hiring the right law firm and the right Virginia lawyer. Not every reckless driving is the same in Fairfax County, Virginia. Knowing the local rules and how the Judges in Fairfax County, Virginia handle different types of reckless driving cases is critical to the outcome of your case.

Our attorneys have spent a substantial amount of time in Fairfax County, Virginia learning how cases are handled in Fairfax County. You can be sure we will do our best to help you get the best result possible based on the facts of your case. How your traffic case is handled may significantly impact your driving records and in many instances , your jobs. A suspended driver’s license for going too fast or mandatory jail sentences for first offense DUIs could very well result in severe consequences to you and your family. Our firm was built on the understanding that client need and deserve quality legal advice and representation on these matters.

Count on us to do the best we can to help you. Call today to speak with a Virginia attorney from our firm. 888-437-7747

Reckless Driving Fairfax County Virginia DUI Speeding Ticket Defense Lawyer
Reckless Driving Fairfax County Virginia DUI Speeding Ticket Defense Lawyer

Our law firm assist clients with:

  • DUI Defense in Fairfax County, Virginia: Assisting clients charged with DUI and DUI related traffic offenses. The attorneys in our law firm know how to identify legal defenses in DUI cases. Our law firm’s role as attorneys who regularly defend DUI cases allows us to stay up to date with DUI laws and help us put forth arguments that help our clients in DUI cases in Fairfax County, Virginia.
  • Reckless Driving by Speed in Fairfax County, Virginia: So many of our clients are surprised to find out that <a href='http://srislawyer.com/reckless-driving-in-virginia/reckless-driving-virginia-lawyer-46-2-855-fairfax-richmond-beach-prince-william-loudoun-fredericksburg-lynchburg/' title="reckless driving In Fairfax VA”>reckless driving by speed in Virginia is a Class 1 Misdemeanor rather than a basic traffic infraction as it is in most states. That means that anyone going 20 mph or more over the posted speed limit, or over 80 mph (even in a posted 70 mph zone) can be charged with and convicted of a Class 1 Misdemeanor. In addition, a reckless driving conviction can, and often does, have very significant effects on the person’s driving record, their ability to maintain a valid driver’s license and their auto insurance rates. Our lawyers have the experience and skill to assist you with your reckless driving charge. We always try to get your charge either dismissed or reduced in Fairfax County, VA.
  • Reckless Driving (Accident) in Fairfax County, Virginia: Simply being involved in an accident can be a scary and traumatic experience for many. Frequently, this is made worse when a police officer, local deputy sheriff or state trooper issues a summons stating you are being charged with reckless driving due to an accident in Fairfax County, Virginia. The consequences and effects of a general reckless driving charge are the same as those defined in reckless driving by speed. Our law firm spends a great amount of time learning and keeping up to date with the traffic laws in Virginia and our constant exposure to the Fairfax County Court system enables us to be very familiar with this area of the law
  • Speeding Tickets in Fairfax County, Virginia: Our Virginia lawyers frequently advise clients who are charged with a speeding ticket in Fairfax County, Virginia with clear and concise advice on whether you would benefit from hiring a lawyer to fight your speeding ticket vs. pre-paying your speeding ticket and if appropriate, how to defend the case without an attorney. Since our Virginia attorneys frequently handle speeding cases for clients in Fairfax County, we work aggressively to try and get their speeding ticket dismissed so they can maintain a clean driving record and/or prevent their auto insurance rates from increasing.
  • Driving on Suspended or Revoked License or No Operators License in Fairfax County, Virginia: When a Virginia lawyer from our firm talks to a client about their driving on suspended license or revoked license charge, our first step is to identify the reason their driver’s license is suspended and guide them through the process of getting their license reinstated. In many jurisdictions, including Fairfax County, getting your driver’s license reinstated prior to your court date will go a long way towards helping your case.
  • Hit and Run in Fairfax County, Virginia: Our Virginia attorneys who go to traffic court frequently have handled numerous hit and run charges. The penalties for a hit and run case in Virginia may result in a non-jailable misdemeanor charge or a felony, depending on whether somebody was injured or the extent of any property damage.

We also handle traffic-related matters for CDL (commercial truck) drivers

Call (888) 437-7747 to speak with one of our experienced Virginia attorneys to discuss your DUI, Reckless Driving, Speeding, or Driving on a Suspended License case in Fairfax County today!

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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