No couple begins a relationship thinking they will need to file for divorce. However, relationships that become too negative or unfair may require a divorce. If you are considering pursuing a divorce, you need to remember that you have rights. Tucker, Nong and Associates can help you protect your interests through mediation, negotiation or by representing you in court.
Pursuing a divorce can be one of the most difficult times in a person’s life. Tucker, Nong and Associates are equipped to represent you inside or outside the courtroom. Depending on your decision, our experienced divorce lawyers negotiate or litigate your case regardless of how complicated it is. We provide contested and uncontested divorce services as well as mediation. To learn more about our divorce services, visit our pages:
Fault vs. No-fault Divorces
In Virginia and Maryland, divorces can be based on either “fault” or “no-fault” grounds. The guidelines for fault and no-fault divorces van vary in each state and you should review your area’s rules with a divorce lawyer before proceeding with your case.
What is a “no fault” divorce?
A divorce that is based on “no fault” grounds means that the spouse pursuing the divorce does not have to prove that the other spouse did anything wrong. No fault divorces are allowed in every state in the US.
To obtain a no fault divorce, the spouse asking for a divorce must state their reason as to why they wish to pursue a divorce. Their reason must be accepted by the state. It is important to remember that in most state, there are many reasons for pursuing a no fault divorce and it may be acceptable to simply state that the couple can no longer get along. This situation has different names such as “incompatibility”, “irreconcilable differences” or “irremediable breakdown of the marriage”.
In some states, a certain period of separation (couple living apart from one another) may be a requirement for obtaining a no fault divorce.
What is a “Fault” divorce
A fault divorce is when one or both spouses have committed fault in the marriage. Fault can differ from state to state. In most states, grounds for fault include (but are not limited to):
- Physical cruelty.
- Emotional cruelty.
- Adultery.
- Desertion
- Confinement (a spouse is in prison for a period of time)
A fault divorce may only be pursued if at least one of the spouses in the marriage has committed fault. Both Virginia and Maryland permit divorces based on the grounds of fault.
It is important to remember that proving fault can be complicated. Each of of the acts listed above have specific guidelines that must be met in order for the court to recognize a fault divorce.
If you believe you have grounds to pursue a divorce based on fault, you should consult with a licensed divorce lawyer to find out if you have a valid case. In some cases, a spouse who proves the other’s fault may be entitled to a greater share of marital property or even a higher amount of spousal support/alimony payment.
Why you should choose Tucker, Nong and Associates
Going through a divorce is difficult and should be taken seriously. The experienced divorce lawyers at Tucker, Nong and Associates have extensive experience in mediation, negotiation of agreements and courtroom litigation.
Regardless of how you decide to proceed, by choosing Tucker, Nong and Associates, you are ensuring that you will have competent and affordable legal services.
Do You Find Yourself In Need Of A Family Lawyer In Virginia, Maryland Or Washington D.C.?
If you find yourself considering divorce or need to fight for custody of your children you need to speak with an experineced family law attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.
