Virginia allows two avenues to pursue a divorce: “no-fault grounds” and the traditional “fault grounds”, such as adultery and desertion. Although Ms. Goldenberg is always prepared for and comfortable in a courtroom, she believes that unless there is a true advantage, either financial or strategic, it is better for parties to resolve their issues through a well written settlement agreement and for them to pursue a no-fault divorce.
If the parties have no children and have a formal written Property Settlement Agreement, they may seek a “no-fault” divorce after a six-month separation. If they have any children together or do not have a Property Settlement Agreement, they must wait a year before filing for divorce on a no-fault basis. A divorce based on a fault ground such as adultery, desertion or on cruelty can be filed immediately upon separating.
Debra Goldenberg has a reputation throughout Northern Virginia as a strong, thorough and aggressive litigator. Litigation is recommended only after exhausting all reasonable efforts to resolve a case amicably with dignity and fairness. However, if you are forced into “battle”, with Debra Goldenberg representing you, you could have your best opportunity to achieve your goals. (Often “survive” is a more accurate description). Ms. Goldenberg knows how to protect your rights and understands the complexities in litigation involving domestic relations issues including custody, visitation, support and property distribution.
PROPERTY SETTLEMENT AGREEMENTS
This is a formal written agreement that can settle all or part of the outstanding issues between the parties. A well crafted agreement can provide a more creative approach to resolve a lot more than who gets the dining room table. They try to cover all potentially disputable issues including custody, visitation, school and medical records, child and spousal support, bank accounts and retirement plans.
Debra A. Goldenberg has skillfully drafted and negotiated more than a thousand Property Settlement Agreements. She understands what is important to include and how to achieve results best suited for her clients.
CUSTODY, SUPPORT & VISITATION
The Court’s sole focus is to determine what is in the best interests of the child. The Court begins its analysis with a presumption that a child’s best interests lie with joint custody by both parents. Ms. Goldenberg can help you evaluate whether the specific facts in your case are likely to influence the judge to consider sole custody. Whether she is representing the husband or the wife, the litigation and resolution of child custody cases is the primary focus of her litigation practice.
Child support is basically determined by guidelines in Virginia which take into account the mother’s and father’s earning potential and then factors in daycare and medical costs. The attorney’s role is to ascertain the other party’s earning potential and convince the court why the circumstances of a particular case justify a deviation from the guidelines. Spousal support is similar.
Stanton Phillips’ practice involves all types of adoption including stepparent, private placements, agency, relative and international adoption. He also handles assisted reproduction cases including surrogacy, gestational carrier and embryo adoption. Consulting with him is usually the best way to begin the adoption process. See more info on Stanton’s adoption attorney services page.