Practice Areas

Divorce

Going through a divorce represents a very trying time.  It can be traumatic and overwhelming for spouses and children involved.  It is in your best interest to have an experienced attorney to understand your options.

D.C. is a no-fault divorce jurisdiction.  If the parties have mutually separated, they must have lived separate and apart for six months before filing for divorce.  If the parties did not mutually separate, they must live separate and apart for one year before filing for divorce.  The Court will resolve all matters in the divorce, including custody, child support, alimony, distribution of property, and assignment of debt.

Virginia has fault grounds for divorce, as well as no-fault grounds for divorce.  The Court will resolve all matters in the divorce, including custody, child support, alimony, distribution of property, and assignment of debt.

Child Custody

Every custody situation is unique and presents a different set of circumstances.  An experienced attorney can assist you in working out an arrangement that is best for your family.

In D.C., there is a rebuttable presumption that joint custody is in the best interest of the child.  The Court looks at seventeen factors in order to make a determination for what is the best interest of the child.

In Virginia, the Court looks to ten factors in determining what is the best interest of the child.  The Virginia Courts have wide discretion in fashioning joint or shared custody arrangements if it is in the best interest of the child.

Protective Orders

If you are filing a protection order because you fear your safety, or you have been served with a protection order, an experienced attorney can help you navigate the process.

A person can file a petition for a CPO in D.C. if a crime has been committed against that person to make the person fearful.  First, the court will give the party a temporary restraining order to provide some protection before the hearing date.  After a hearing, the Court will decide whether to grant a CPO.  The CPO can prohibit a party from threatening, harassing, or contacting the other party for a defined period.

In Virginia, a person can file a Protective Order for Family Abuse if a household member commits any act involving violence, force, or threats, that makes a person fearful.  The Court will grant a preliminary protective order to provide protection before the hearing date.  After a hearing, the Court will decide whether to grant a permanent protective order.

 

Contact Khadilkar Law today for a consultation.

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