Charlottesville Family Law Attorneys
The family law attorneys at Buck, Toscano & Tereskerz in Charlottesville provide advice and representation to individuals and families in Albemarle County and throughout Central Virginia in the areas of child custody and divorce, adoption, paternity, premarital agreements and more. Whether your family law matter requires mediation, litigation or can be resolved through the collaborative family law process, our lawyers have the knowledge, skills and abilities to protect your rights and promote your interests in Virginia family law.
Divorce in Virginia
There are many requirements which must be satisfied before a couple can obtain a divorce or dissolution of marriage in Virginia. In addition to statutory residency requirements, the couple must also be separated and living apart for one year, or 6 months with a signed agreement or no children under the age of 18, in order to obtain a complete divorce on “no-fault” grounds. In a fault case, the parties may obtain a “divorce from bed and board” and later merge or convert that divorce into a complete or final divorce, which is known as a “divorce from the bond of matrimony.” Virginia law recognizes many fault-based grounds which, if proven, can affect the way certain issues in the divorce are determined, including spousal support and the division of marital property. When you contact our office, we can advise you on your options and walk you through the proper steps applicable to your particular situation.
Besides obtaining the divorce decree itself, the divorce process involves the determination of many important issues, including:
- The equitable distribution of marital property
- Child custody and visitation
- Child support
- Spousal support
If the parties cannot agree how these matters should be handled, then the judge will make the decision for you following a trial. How the judge rules can impact you and your children for years to come, so it is vital to be well-represented by experienced courtroom litigators when you and your spouse cannot reach agreement on custody or other important issues.
Comprehensive Family Law Practice
Beyond the divorce process itself, our family law attorneys help with a variety of related family law matters, including:
- Separation agreements
- Premarital agreements
- Third party or grandparent visitation or parental rights
- Interstate child custody
- Post-divorce modifications and enforcement
Charlottesville Collaborative Law Attorney
We urge you to consider collaborative family law as a way to address the legal aspects of your divorce or other family law matter. Collaborative law offers a unique approach to dispute resolution that is nonadversarial and that treats all the parties to the dispute with mutual dignity and respect. In the collaborative process, both parties and their attorneys commit to the process of working out their differences together in a collaborative format. If the collaborative process fails, the lawyers for both sides withdraw from the representation. The parties are still free to go to court or resolve their dispute in other ways, but they must start over with new attorneys. The collaborative process therefore builds incentives for all parties and their attorneys to reach a consensus and craft a workable solution that meets the needs of both parties.
Firm partner David Toscano is a firm supporter of the collaborative concept and encourages the use of collaborative family law in appropriate cases, where everyone involved is willing to commit to the process and its success. David is a member of the International Academy of Collaborative Professionals, Virginia Collaborative Professionals, and Central Virginia Collaborative Professionals.
Experienced Legal Representation for all Your Charlottesville Family Law Needs
For assistance in a Virginia divorce or other family law matter, whether utilizing the collaborative process or the traditional adversarial approach, the attorneys at Buck, Toscano & Tereskerz in Charlottesville can help. Call our office at (434) 977-7977, or contact us online to schedule a consultation with a caring and dedicated Virginia family lawyer.