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What challenges will I face when I file for divorce?

Although the actual rate of divorce has been on a slow decline over the last few decades, according to the National Survey of Family Growth approximately 40 percent to 50 percent of marriages in the United States will ultimately end in divorce. And, with a divorce comes many issues that need to be decided, either by the divorcing spouses or by the courts, including property division, spousal support or alimony and, if children are involved, child custody and child support.

Depending upon the state you live in, property division may be decided by the principles of community property or equitable distribution. A majority of states, including Virginia, follow equitable division, meaning that the courts are the decision-makers on what is fair and equitable. In community property division states, all community property is divided equally.

If one spouse stayed home to either care for children or take care of the home while the other stayed in the workforce, that person will likely be at a disadvantage trying to find work following a divorce. Spousal support or alimony payments may be made to help maintain a lifestyle similar to before the divorce while the other parent tries to start, or restart, a career.

If children are involved, child support and child custody issues must also be resolved. If a decision cannot be made mutually between the divorcing spouses, courts will consider many factors in deciding what is in the best interest of the child or children to make a decision on child custody. Child support is another complicated issue that must be resolved by the courts.

Our law firm serves clients in the Fairfax area in all phases of family law. Whether you need help with property division, spousal support or alimony, child custody and child support or even military divorce, our firm attempts to help our clients toward a the right result.

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