McLean Family and Divorce Law Firm
Legal matters involving family are among the most stressful for clients. Decisions involving marriage, divorce, and children can impact every aspect of your life. At The Law Offices of Gabeler, Battocchi & Powell, PC in Fairfax County, Virginia, we guide you through the legal process and do our best to limit the strain litigation can place on you and your loved ones.
We understand that while every marriage begins with high hopes and plans for a lifetime of happiness together, they do not all end that way. So we offer compassionate support during this difficult time. We fight hard on your behalf to obtain the best possible outcome in all matters pertaining to your divorce—including support, custody, and division of property.
The Law Offices of Gabeler, Battocchi & Powell, PC represents clients in all areas of family law, including—
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Divorce in Northern Virginia
According to Virginia law, at least one spouse must be a resident of the state for at least six months prior to filing for divorce in Virginia. Parties seeking a Virginia divorce must meet at least one of the following grounds—or reasons—for the divorce:
- Adultery committed during the marriage
- Cruelty by either spouse which caused reasonable fear of bodily harm to the other spouse (may be grounds for divorce after one year)
- Desertion (may be grounds for divorce after one year)
- The spouses have lived separate and apart without cohabitation for one uninterrupted year
- The spouses have a separation agreement, no minor children, and have lived separate and apart without cohabitation for six uninterrupted months
- Felony conviction and sentencing of one spouse to more than one year in prison and no cohabitation after the other spouse learned of the conviction
If you are seeking a divorce in Virginia, an experienced divorce lawyer like those at The Law Offices of Gabeler, Battocchi & Powell, PC can help.
Child custody and support
The most emotional components of a divorce are often child custody and support. Virginia law allows the judge to assign custody based on what he or she feels is in the child's best interest. Each parent's income is considered when determining support. At The Law Offices of Gabeler, Battocchi & Powell, PC, we protect your parental rights—and your child's right to maintain his or her relationship with you—by clearly outlining for the judge why it is in your child's best interest to award the level of custody you are seeking.
Division of retirement assets
"What's mine is yours and what's yours is mine." That saying may be true enough during a marriage, but what happens if you and your spouse decide to go your separate ways? Who is entitled to what—or more importantly, how much? If, during your marriage, one partner worked outside the home while the other worked inside the home, how are the retirement assets accumulated during a marriage divided? Regardless of which side you are on—whether you worked inside the home or out—we can help. Our skilled McLean divorce lawyers know exactly what it takes to ensure you receive every penny of retirement assets to which you are entitled, including—
- Pensions
- 401k accounts
- Stock options
- Deferred compensation plans
- Military pensions
Typically, the funds amassed from the beginning of the marriage until the date of separation—not divorce—are eligible for division between the divorcing parties. We consult with financial experts to determine the amount each pension or account was worth at the time of separation, and then we craft a legal strategy designed to convince the court award you the appropriate amount.
Division of property in a Virginia divorce
Ending a marriage is rarely simple, but it can be even more complicated when multiple, high-value assets are involved. Accurately assessing and documenting the value of property, and determining when it was acquired and to whom it belongs, can be challenging. At The Law Offices of Gabeler, Battocchi & Powell, PC, our Virginia divorce lawyers are adept at tracing all assets to determine their origin, value, and the percentage to which each spouse is entitled. Property includes—
- Business interests
- Stocks and bonds
- Vacation property
- Recreational assets such as boats
We know that you may have entered your marriage with a stake in a family business or property (for example, a family farm) which must be distinguished from assets attained during the marriage. It is possible you may have other similar property acquired during the marriage that should not be considered joint marital property. We work hard to ensure you retain the rights to this property in your divorce.
We begin by reviewing any pre- or post-nuptial agreements to determine their validity and how they may influence the division of property. Our goal is to ensure that you receive the appropriate percentage of each asset, and to protect you and your family from having the distribution of marital property devolve into an exercise in bitterness and retribution. While it is natural for spouses involved in a divorce to be hurt and angry, it is typically in the best interest of all involved to resolve these matters efficiently and effectively. We are committed to protecting our clients' interests during this process.
Contact The Law Offices of Gabeler, Battocchi & Powell, PC
The time and expenses related to litigation can mount rapidly. The best way to control these variables is by hiring skilled Virginia litigators like those at The Law Offices of Gabeler, Battocchi & Powell, PC. Contact us today—we look forward to discussing your case.
