Because family is the root of human connection, family law is an area that must be handled with sensitivity as well as skill. Randall J. Borden, Attorney at Law, has been an accomplished family law attorney for clients in Virginia and Maryland for more than 30 years. He has a well-earned reputation for compassion as well as excellent legal representation. If you are considering divorce or annulment, or dealing with a divorce dispute that may require litigation, Randall Borden is the man to call.
Why Randall Borden Is the Wise Choice in Family Law
There are several reasons that our office is the place to call. Among them Attorney Borden:
- Is experienced in all issues surrounding divorce and annulment
- Has in-depth knowledge of Virginia and Maryland law
- Is a sharp and aggressive litigator
- Is a keen but diplomatic negotiator
- Has a history of successful outcomes even in complicated cases
- Always customizes his strategies to your unique needs
Divorce
For most newlyweds, marriage may seem blissful and unending. Unfortunately, however, even the best of marriages require patience, compromise, and hard work, and in too many cases, the knot unties and tangles despite best efforts. If you are going through the pain and frustration of a divorce, modifying a divorce agreement, or litigating a dispute, Randall Borden will help you with informed guidance and counsel on the following matters:
Grounds for Divorce
We will clarify the allowable grounds for divorce in your state and the requirements for residency and a separation period. We will also advise you about whether in your case no-fault divorce of fault-based divorce is the best option. In Virginia, couples can file for a no-fault divorce after a one-year separation or six months with no minor children and a separation agreement. Maryland allows for a no-fault divorce after a 12-month continuous separation. Fault grounds in both states include adultery, cruelty, and desertion.
Modifications of Your Divorce Agreement
Life continues to change after divorce for both spouses and children. Spouses relocate, remarry, suffer injury or illness, inherit wealth or have alterations in income, or become addicted or engage in abuse; children grow and develop new talents and/or special needs. Such changes can result in the need for modifications to your divorce agreement, in which case, Attorney Borden is ready to help. He will petition the court for modifications to your divorce agreement to accommodate your changing environment.
Division of Property
Both Virginia and Maryland follow the principle of equitable distribution, and both distinguish marital property from separate property. Most property earned or acquired during the marriage is considered marital property, but any property received by one party as a personal gift or lawsuit settlement is considered separate property. It is important to note that bank accounts established during the marriage are deemed marital property, whether they are held jointly or not. Also notable: prenuptial agreements may affect the division of property.
As an astute divorce attorney, Randall Borden will make sure all owned marital property is accounted for and fairly divided during your divorce.
Child Custody and Visitation
In families with minor children, child custody and visitation can easily become contentious. That’s why it’s critical to have a family law attorney who is not only knowledgeable but strong and determined. Randall Borden will listen carefully to what you tell him about your relationship with your child so that he can be persuasive in court when it comes to presenting positive facts about your stability, suitable lifestyle, and relationship with your child.
Child Support and Spousal Support
When financial and emotional needs overlap, the situation becomes increasingly complex. In determining child and spousal support, the court will consider each spouse’s income and earning ability, the marital standard of living, the duration of the marriage, and the specific needs of the child. While Virginia uses the income shares model, Maryland employs the percentage of income model; Attorney Borden will explain the model your state uses in detail. You should be aware that child support is generally higher in Maryland.
Although both Virginia and Maryland have guidelines that mandate specific amounts of support, your attorney can negotiate these terms based on your unique circumstances. Whether you are the recipient or provider of support, you can be sure that Randall Borden is tuned in to your personal needs and working hard in your best interests.
Domestic Violence
The most heinous issue of any divorce is the occurrence of domestic violence. The false accusation of abuse is also awful. If you are dealing with either, our experienced divorce attorney will take your side. He fully understands the need for immediate action if you and/or your children are in danger and will help you get a protection order to keep your abusive spouse from contacting you. On the other hand, if you have been falsely accused, he will fight to protect your rights and your reputation.
Divorce vs. Annulment
Although either divorce or annulment will change your status from married to single, the two differ in concept. Divorce ends a marriage that exists, whereas an annulment declares that a marriage is void and never legally existed. In both Maryland and Virginia, annulments are only granted in restricted circumstances, including:
- Bigamy
- Incest
- Fraud
- Duress
- Mental incapacity
While it is often assumed that a marriage can only be annulled if it is of short duration, the reality is that it can be annulled whenever the reason for the annulment becomes apparent. This means, however, that if the couple continued to cohabit after the reason was known, annulment is not possible unless that reason made the marriage inherently illegal (e.g. because it involved bigamy or incest).
Contact Our Fairfax Family Law Attorney Today
When it comes to the legal matters that affect you most closely, you require the services of a family law attorney with a deep commitment to you and your loved ones. Contact Randall J. Borden now to receive the superior legal advocacy you need and the empathic personal attention you deserve.