Call: 703-385-8722

Email Us

Mon–Fri 9–5 · Fairfax, VA

Home/Family Law Blog | Northern Virginia

Northern Virginia · Family Law

Family Law Blog | Northern Virginia

Plain-English explanations of Virginia family law from Attorney Borden — what the statutes say, how the courts apply them, and what it means for your case.

  • Uncontested Divorce in Fairfax County: Cost and Timeline

    What an uncontested divorce really costs and how long it takes in Fairfax County, including the six month separation rule and what turns a case contested. Read article

  • The Ten Factors Virginia Judges Use to Decide Custody

    Virginia custody is decided under the ten best interests factors in Code 20-124.3. Here is what each factor means in practice and how judges weigh them. Read article

  • How Virginia Courts Decide Spousal Support

    Virginia has no formula for permanent spousal support. Here are the thirteen statutory factors, the adultery bar, and how maintenance is actually calculated. Read article

  • When Spousal Support Ends in Virginia

    Cohabitation, remarriage, death and retirement can all end Virginia spousal support. Here is what Code 20-109 requires and what proof a court expects. Read article

  • Understanding No-Fault Divorce in Virginia: What You Need to Know

    Understanding No-Fault Divorce in Virginia: What You Need to Know Deciding to end a marriage is never easy. If you are considering divorce in Virginia, understanding how the process works can help you move forward with greater confidence and clarity. One of the most important concepts to understand is no-fault divorce — what it means, […] Read article

  • When Can You Seek a Modification of Child Custody Orders

    Life circumstances can change dramatically, and when they do, your child custody arrangements may also need to evolve. Whether due to a job relocation, changes in your child’s needs, or improvements in your own living situation, there are times when a modification of a custody order is beneficial. In this discussion, we’ll guide you through […] Read article

  • Steps to Take If Your Co-Parent Violates a Child Custody Order

    When parents separate or divorce, a child custody order clearly outlines each parent’s responsibilities and rights in caring for their children. However, conflicts can arise when one parent fails to comply with these terms, potentially affecting the child’s well-being. Recognizing these violations and taking appropriate steps to address them is essential for maintaining the child’s […] Read article

  • Void vs. Voidable Marriages

    When a marriage is considered invalid from the start, it may be classified as either void or voidable. These terms carry significant legal distinctions that affect the status of the marriage under the law. This discussion will explore what makes a marriage void or voidable, the conditions that categorize each, and how these classifications impact […] Read article

  • How Is Property Divided in Divorce in Virginia?

    In Virginia, when you divorce, your shared property and debts are divided based on what is considered fair rather than what is equal. This process, known as equitable distribution, takes into account many factors. Understanding how this works can significantly impact the outcome of your divorce. Randall J. Borden can assist you in navigating the […] Read article

  • Impact of a Spouse’s Criminal Record on Divorce Proceedings

    When one spouse has a criminal record, it can significantly affect various aspects of divorce proceedings. Issues such as child custody, division of assets, and spousal support are all influenced by the nature and severity of the offenses. The court will carefully consider how criminal behavior impacts both the financial and familial dynamics of the […] Read article

  • Domestic Violence & Family Law: Seeking Protection & Legal Remedies

    If you’re dealing with the pain of domestic violence, you’re not alone, and there are ways to protect yourself. In Virginia, the law offers protections like protective orders to help keep you safe and ensure your voice is heard. Whether securing your home or addressing issues like divorce and child custody, understanding your rights can […] Read article

  • Enforcing Out-of-State Child Custody Orders

    Dealing with child custody across state lines can be overwhelming. If you have been granted custody in another state, it is important to understand how to enforce that order in Virginia. Ensuring your rights and your child’s stability is essential, and you want to make sure that the custody arrangements are honored, regardless of where you are. […] Read article

  • Understanding Spousal Support: Eligibility, Factors, & Calculation Methods

    Spousal support, also known as alimony, can significantly impact your financial future during a divorce. Its purpose is to provide financial assistance to a spouse after separation, helping them maintain stability and meet their needs. Whether you’re seeking support or anticipating paying it, understanding who is eligible, the factors involved, and how it’s calculated can […] Read article

  • How Is Property Divided in Divorce in Maryland?

    When going through a divorce in Maryland, the process of dividing property can be complicated. You might be wondering how your assets and debts will be divided and what factors will be considered. In Maryland, property division is guided by the principle of equitable distribution, aiming for fairness rather than a strict 50/50 split. This […] Read article

  • Child Custody in Divorces Involving a Convicted Felon

    When dealing with a divorce where one parent has a felony conviction, the issue of child custody and visitation arrangements becomes especially complicated. You may worry about how the felony record could affect your child’s future and well-being. Courts have to carefully consider the child’s best interests while also respecting the rights of both parents, […] Read article

  • How to Obtain a Restraining Order in Virginia: Your Step-by-Step Guide

    When faced with threats, violence, or harassment, protecting yourself and your loved ones is a top priority. In Virginia, obtaining a restraining order—commonly referred to as a protective order—can be a powerful legal tool to ensure your safety. This comprehensive guide will walk you through everything you need to know about the restraining order process in […] Read article

  • Understanding Child Support and Custody Laws in Virginia: Key Insights for Parents

    Navigating child custody and support laws during or after a divorce can be a challenging process. In Virginia, the legal framework prioritizes the well-being of children, ensuring they receive the support and stability they need. For those aged 45–60 dealing with family law matters, having a clear understanding of these laws is essential. Here’s what […] Read article

  • How Virginia Courts Handle Overseas Assets in Divorce

    Dividing assets in a Virginia divorce is already a complex process, and it becomes even more challenging when one or both spouses own property, bank accounts, businesses, or investments overseas. Virginia follows the equitable distribution model, meaning that marital assets are divided fairly—but not necessarily equally—upon divorce. Under Va. Code § 20-107.3, courts classify all property […] Read article

  • How Maryland Courts Handle Overseas Assets in Divorce

    Dividing assets in a Maryland divorce becomes even more complex when foreign property, bank accounts, or investments are involved. Maryland follows the equitable distribution model, meaning marital assets are divided fairly but not necessarily equally under Md. Code Ann., Family Law § 8-205. Maryland courts include all marital property, regardless of location, in the division process. […] Read article

  • Asset Tracing During Divorce: Finding Hidden Assets

    Divorce can be an emotionally and financially turbulent experience, especially for high-net-worth individuals. When significant assets are involved, one spouse may attempt to hide, transfer, or undervalue their wealth to gain an unfair advantage during the division of marital property. This is why asset tracing plays a critical role in ensuring a fair and equitable […] Read article

  • How Is Child Support Calculated in Virginia?

    Virginia uses an income-shares formula in Code § 20-108.2. We walk through the calculation step by step, with a worked example, including shared custody, deviations, and imputed income. Read article

  • Grounds for Divorce in Virginia: Fault vs. No-Fault

    Virginia recognizes no-fault separation plus four fault grounds: adultery, cruelty, desertion, and felony conviction. When to choose each, what each requires, and how grounds affect spousal support. Read article

  • When Can You Modify a Child Custody Order in Virginia?

    Virginia modifies custody when there is a material change in circumstances and the modification serves the child’s best interests. The two-part test, qualifying changes, and the procedure. Read article

  • How Long Does a Divorce Take in Virginia?

    Uncontested no-fault divorces in Virginia typically finalize in 3–6 months. Contested divorces in Fairfax, Loudoun, Prince William, Arlington, and Alexandria typically run 9–18 months. Read article

  • Property Settlement Agreements (PSA) in Virginia: What to Include

    A Property Settlement Agreement is the most important document in any Virginia divorce. Twelve sections every PSA should address, common mistakes, and when a PSA can be modified. Read article

  • Child Relocation After a Virginia Custody Order

    Virginia requires 30 days’ written notice of any planned relocation with a child. The legal standard, the factors courts weigh, and how to oppose or pursue a relocation petition. Read article

Discuss your case with Attorney Borden.

Confidential consultation. Direct attorney access. Serving Fairfax, Loudoun, Prince William, Arlington, and Alexandria.

Call 703-385-8722