Family Law
Navigate the challenges of divorce and family law with our compassionate and experienced attorney
The Law Office of Linh H. Ly PLLC is highly experienced in divorce and family law and represents clients throughout Northern Virginia. Individuals going through a divorce, separation, or dispute regarding minor children can be thrown into stressful and emotionally taxing situations. This area of law is complex and the Virginia statutes allow for gray areas in the interpretation and implementation of these laws. Our firm strives to break down complicated and challenging issues into simple terms so that clients can understand their rights and decide how they want to proceed. Every family law matter is unique and we are dedicated to guiding clients through these difficult times.
Our firm believes that it is in the parties’ best interests if family law matters, especially custody and visitation, are settled outside the courtroom. Parents are in a much better position to decide on custody and visitation matters than a judge who only interacts with the parties for a limited amount of time in court and rarely meets the children. Following this belief, our firm is committed to attempting to negotiate a settlement to help our family law clients avoid the time and expense of litigation. However, our firm recognizes that some parties cannot reach an agreement and disputes can only be resolved through litigation. If court intervention is necessary, our firm is prepared to walk you through the complexities of the court process.
What are the types of divorce?
Contested vs. Uncontested Divorces
An uncontested divorce is one where the parties can execute a written agreement regarding all matters related to the marriage including property division, custody and visitation, child support, and spousal support. Since the parties are able to reach an agreement on all issues, there are no matters for a judge to decide. Therefore, uncontested divorces do not require the parties to go to court and cost significantly less than a contested divorce. With an uncontested divorce, the divorce process can be completed with an affidavit or written deposition and the filing of various documents such as the Complaint for Divorce, Final Order of Divorce, Private Addendum, and VS-4 Form.
On the other hand, in a contested divorce, spouses are in dispute regarding issues related to the marriage, so the parties have no choice but to go to trial for a judge to decide on the issues. Going to trial involves the discovery process, gathering evidence, and preparing witnesses to testify in court. Contested divorces can be expensive, contentious, and time-consuming. Sometimes cases that begin as contested divorces become uncontested if the parties reach a settlement. The reverse can also be true where spouses desire an uncontested divorce, but cannot agree on all the issues. Moreover, it is possible to have a partial agreement and go to court for only the contested issues.
Fault vs. No-Fault Divorces
A fault-based divorce is based on misconduct by one or both spouses. Examples of a fault-based divorce are adultery, willful desertion/abandonment, cruelty, and a felony conviction with confinement of more than one year.
A no-fault divorce does not involve any allegations of misconduct and is based on the spouses living separate and apart for a certain time period. If the parties have minor children, then they must be separated for at least one year before a divorce matter may be filed in court. If the parties have no minor children and a written separation agreement, then they only need to be separated for at least six months.
As every divorce matter or family law dispute has its own nuances and specific facts, it is recommended that individuals facing these problems consult an attorney to discuss their available options. At the Law Office of Linh H. Ly PLLC, we seek to be your trusted legal advisor for your family law issues.
We handle the following family law matters:
- Divorce (Uncontested, Contested, Fault, No‑Fault, Military)
- Equitable Distribution (Property Division)
- Premarital (Prenuptial) and Postnuptial Agreements
- Custody and Visitation
- Child Support
- Spousal Support
- Separate Maintenance
- Separation Agreements
- Name Changes
- Annulments
- Post-Divorce Issues
Your Solution for Family, Estate, and Civil Matters
Law Office of Linh H. Ly PLLC