File for Divorce in Frederick County

Experienced Attorneys Committed to Your Divorce Journey

Divorce is a delicate process. Each one is unique. Some involve dividing property. Others can be further complicated by determining child custody and child support payments. It can be a very intense and emotional affair for the parting spouses. That’s why it’s so important to know you are represented by logical, compassionate, and experienced divorce attorneys.

Buchbauer & McGuire, P.C. has decades of experience navigating the Virginia court system. We will adeptly advise you on everything from which forms you need to fill out to breaking down child custody agreements.

Divorce can be a confusing and complicated process. Call (540) 508-8995 to receive reliable legal advice. We also serve residents of the Shenandoah Valley and the surrounding areas.

Essential Information About Your Divorce Process

A divorce usually starts informally, when at least one half of the couple decides that the marriage is over. From there, attorneys are hired, negotiations may happen, papers are filed, and the matter heads to court. The act of dissolving the marriage in court isn’t necessarily a simple or straightforward process.

There may be existing disagreements as to what one or both parties want following the divorce that must be worked through in court, which can include:

• Which spouse retains ownership of the house
• How property gets divided
• If they receive joint child custody or if one parent retains full custody

An experienced attorney is crucial for helping you to navigate various disagreements and coming to a compromise that is in the best interests of all parties involved, especially when there are minors to consider.

Understanding Fault vs. No-Fault Divorce in Winchester

A party may file for either a fault or no-fault divorce. When filed on fault grounds, the divorcing spouse attempts to end the marriage because of some form of harm or wrong acted out by the other party. Adultery, cruelty, or desertion are a few relevant examples.

However, not every marriage ends for hostile reasons. Sometimes there’s just a desire to end the marriage and no one is technically blamed in court. For those and similar situations, a no-fault divorce is the best option. In Virginia a no-fault divorce has certain required minimum separation times dependent on if the couple has children.

Choosing Between Divorce or Annulment in Winchester

While divorce is the most common way to end a marriage, in limited circumstances, an annulment might be the better option.

Situations where an annulment might be an ideal alternative include:

• Learning you’re married to someone with at least one existing spouse
• Finding out you’re biologically related to the other party
• A lack of capacity at the time of the marriage.

There are other circumstances where an annulment might be ideal, but as you can see, getting a marriage annulled requires very specific circumstances and there's often not much leeway. If an annulment isn’t possible, consider seeking a no-fault divorce.

Have More Questions? Contact Our Divorce Attorneys Today!

Our lawyers are available to answer your questions. We will be with you every step of the process, protecting your best interests and fighting for the fairest outcome possible. When you need reliable advice and representation, Buchbauer & McGuire, P.C. is ready to help.

Need your divorce questions answered? Call (540) 508-8995 or fill out our online request form now.