Family Law

Family Law & Divorce Attorneys in Staunton

Finding Personalized Legal Solutions for You & Your Family

There are very few legal situations as difficult and emotionally fraught as those that affect your family. Whether you are navigating a divorce, facing a child custody battle, or seeking alimony/spousal support, you need a caring and experienced attorney on your side who can help you make the best decisions for yourself and your loved ones.

At Tucker Griffin Barnes, our Staunton family law attorneys have helped thousands of clients throughout the area. Unlike many other law firms, we don’t treat you like just another case number. We understand that what you are going through is perhaps one of the most challenging situations of your life; our team is here to provide the personalized attention and reliable legal support you need.

Contact us online or by phone at (540) 328-2808 to learn more about how our family lawyers in Staunton, VA can assist you with your Virginia divorce or family law matter. 

Family Law Cases We Handle

With nearly three decades in practice, our firm is capable of handling a wide range of family law cases. Our family law attorneys in Staunton, VA are well-versed in the law and know how to help you devise an individualized legal strategy aimed at achieving your unique goals.

Our Virginia family law firm can represent you in cases involving the following:

  • No-fault divorce
  • Contested divorce
  • Separation agreements
  • Equitable distribution of marital property
  • Spousal support
  • Child custody
  • Child support
  • Protective orders (“restraining orders”)
  • Adoptions

Whether you are adding to your family or moving in a new direction, our divorce lawyers in your area are here to guide you through the process. We strive to provide a comfortable, welcoming environment for our clients by providing empathetic legal services at our handicap-accessible, kid-friendly offices.

No-Fault Divorce in Virginia

Virginia is a no-fault divorce state, though fault can be recognized. If you choose to have a no-fault divorce, you will not need to provide proof or grounds for your divorce. Both parties are able to agree on a separation agreement and there are no minor children from the marriage.

In order to get a no-fault divorce in the state of Virginia, you and your spouse must live separately for at least one continuous year.

Is Virginia a No Fault Divorce State?

In a fault divorce, the party that is requesting the divorce will need to provide proof of their spouse's marital misconduct.

In the state of Virginia, grounds for fault divorce include:

  • Adultery
  • Conviction of a felony
  • Willful desertion or abandonment for a minimum of 1 year
  • Cruelty that causes one spouse to reasonably fear bodily harm

Notably, a divorce cannot be based on adultery if both spouses continued to cohabitate after one learned of the other's transgression. Additionally, adultery committed over five years before filing for divorce cannot be the basis of a fault divorce.

Should I Hire A Divorce Attorney?

Facing a divorce is a challenging and emotionally charged experience that often requires navigating complex legal processes. If you are contemplating or going through a divorce, seeking the assistance of skilled divorce lawyers in your area can make a significant difference in the outcome of your case.

Here are compelling reasons why seeking help from an attorney is highly advisable:

  • Legal Expertise: Divorce and family law matters can be intricate, involving various aspects like property division, custody, and alimony. A legal divorce attorney possesses the expertise to navigate these complexities, ensuring your rights and interests are protected.
  • Receive Personalized Guidance: Every divorce case is unique, and a lawyer can provide personalized guidance tailored to your specific circumstances. They'll assess your situation, listen to your concerns, and work towards the best outcome for your case.
  • Get Objective Advice: Emotions can run high during a divorce, making it challenging to make rational decisions. A divorce attorney remains objective and provides level-headed advice, ensuring your decisions align with your long-term interests.
  • Paperwork and Documentation Management: The divorce process involves substantial paperwork. An attorney will handle all the legal paperwork, ensuring it's filed accurately and on time.
  • Negotiation and Settlement: An qualified divorce lawyer will advocate for your needs and strive for a fair resolution through negotiation and settlement, if possible.
  • Court Representation: In situations where litigation is necessary, having a divorce attorney by your side is critical. They'll represent you in court, presenting your case persuasively and protecting your rights before the judge.

At Tucker Griffin Barnes P.C. Attorneys At Law, we've been serving Virginia for over 30 years and understand the complexities and emotional challenges of divorce. As experienced divorce and family law attorneys near you, our compassionate team is here to provide you with the legal support you need during this challenging time. If you're thinking about filing for divorce or your divorce is already in progress, don't hesitate to reach out to our skilled divorce lawyers. We're dedicated to helping you navigate everything with confidence, protecting your interests, and working towards a positive resolution for your future. 

Speak to Divorce and Family Law Attorneys Near You Today

While family law issues can seem overwhelming, the first step is simply reaching out to our Staunton divorce lawyers and requesting a confidential consultation. During our initial meeting, we will listen to your story and work to understand your situation, needs, and goals. From there, we can help you fully understand your legal rights and the various options you have. Our attorneys will advise you on the best course of action and, should you choose to retain our firm, will promptly begin working on your case.

Our Family Law Attorneys:

A legal divorce attorney in Staunton, VA can handle every aspect of your case—from discovery to document preparation and filing to mediation, trial, and post-trial modifications—so that you can focus on what’s important: healing, spending time with your loved ones, and moving forward with your life.

Staunton Adoption Lawyers

What Are The Requirements To Adopt A Child In Virginia?

To adopt a child in Virginia, there are specific requirements that must be met. Seeking the assistance of a knowledgeable adoption attorney in Staunton, VA at Tucker Griffin Barnes P.C. Attorneys At Law, can provide invaluable guidance throughout the process. With a dedicated focus on client service and a strong presence in Virginia since 1990, Tucker Griffin Barnes P.C. Attorneys At Law has been helping families for more than 30 years.

The requirements to adopt a child in Virginia can vary depending on the type of adoption, but some common criteria often include:

  • Age and Legal Capacity: Prospective adoptive parents must be at least 18 years old and legally capable of entering into a binding agreement. They may be a husband & wife, a same sex couple, a stepparent, a parent who was subject to a consent proceeding, parents with a surrogacy contract, or individuals who have custody of a child that was placed through an adoption agency.
  • Background Checks and Home Study: Virginia law typically requires prospective adoptive parents to undergo background checks, including criminal history and child abuse registry clearances. Additionally, a home study is usually conducted to assess the suitability and safety of the adoptive home.
  • Training and Education: In many cases, prospective adoptive parents are required to attend adoption education and training sessions to gain a better understanding of the adoption process and the needs of adopted children.
  • Financial Stability: Virginia may require evidence of financial stability to ensure that prospective adoptive parents can provide for the child's needs.
  • Health and Well-being: Prospective adoptive parents may need to provide medical reports indicating good physical and mental health for themselves and any other members of the household.
  • Adoption Petition and Legal Process: Adoptive parents must file an adoption petition with the court, outlining their intent to adopt and providing relevant information about the child and themselves. The court process involves legal proceedings to finalize the adoption.

By partnering with Tucker Griffin Barnes P.C. Attorneys At Law, prospective adoptive parents in Virginia can benefit from the firm's expertise and commitment to client service. With decades of experience, our Staunton adoption lawyers at Tucker Griffin Barnes P.C. Attorneys At Law understand the intricacies of adoption law in Virginia and can guide clients through the entire process with compassion and professionalism.

What Types Of Adoption Are Available?

There are several types of adoption available to individuals and families. The types of adoption include:

  • Domestic Infant Adoption involves adopting a newborn or an infant within the U.S. It typically involves working with an adoption agency, attorney, or facilitator to identify a birth mother or expectant parents who are making an adoption plan for their child.
  • Foster Care Adoption involves adopting a child who is currently in the foster care system. These children are typically older or may have specific needs. Prospective adoptive parents go through the foster care system and complete the necessary training and home study process to be matched with a child available for adoption.
  • International Adoption involves adopting a child from another country. It requires complying with the adoption laws and regulations of both the foreign country and the United States. Prospective adoptive parents work with an adoption agency or attorney who specializes in international adoption to navigate the complex process.
  • Step-parent Adoption occurs when a step-parent adopts the biological child of their spouse or partner. This process requires the consent of the non-custodial biological parent or the termination of their parental rights.
  • Relative Adoption, also known as kinship adoption, involves adopting a child who is related to the adoptive family by blood or marriage. This can include adopting a grandchild, niece, nephew, or other close family member.

It's important to note that each type of adoption has its own unique requirements, processes, and legal considerations. Working with an experienced Staunton adoption attorney in Virginia can provide invaluable support and guidance throughout the adoption journey, ensuring compliance with all legal requirements and a smooth transition into the adoptive family.

Give us a call at (540) 328-2808 today to schedule your initial consultation with our Staunton family law attorneys. 

Commonly Asked Questions

What is family law?

Family law is a legal practice area that deals with issues related to family relationships, such as divorce, child custody, alimony, and adoption.

What is a no-fault divorce?

A no-fault divorce is a type of divorce where neither party is required to prove that the other spouse did something wrong. Instead, the couple can simply state that their marriage has irretrievably broken down.

What is a fault divorce?

A fault divorce is a type of divorce where one spouse alleges that the other spouse is at fault for the breakdown of the marriage. Grounds for fault divorce can include adultery, conviction of a felony, desertion, or cruelty.

What are the requirements to adopt a child in Virginia?

To adopt a child in Virginia, prospective adoptive parents must meet certain requirements, including being at least 18 years old, completing a home study, and passing a background check. There may also be specific requirements based on the type of adoption.

Why should I hire a family law attorney?

Hiring a family law attorney can provide numerous benefits, including legal expertise, personalized guidance, objective advice, assistance with paperwork and documentation, negotiation and settlement skills, and representation in court. An attorney can help protect your rights and interests throughout the legal process.

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