Family Law Attorneys Near Me
Family law encompasses many types of situations. At Hofheimer Family Law Firm, we exclusively represent women in divorce, custody, and support cases. Our team of family law attorneys near me law firm has been serving women for three decades, and we know the unique issues women in our community face during divorce.
Our team aims to support women and their children in separation, divorce, and custody cases by providing exceptional legal representation for our clients and resources to empower them to confidently move through their case. Divorce is stressful, even when you know it’s the right decision, and we are here to stand by you as you navigate this transition to a better life.
Hofheimer Family Law Firm Has a Reputation for Successfully Representing Women
In the early stages of our firm, founder Charlie Hofheimer noticed the lack of legal support for women in divorces. He noticed they were often railroaded and wanted to provide better legal services and resources to women in his community. This was the beginning of our firm’s history of advocacy education.
Custody Boot Camp for Moms and Divorce Seminars
Our passion for supporting women through separation and divorce includes empowering them through education. We offer three monthly divorce seminars and a Custody Boot Camp for Moms to help you learn the ins and outs of handling divorce and custody. Our family lawyers in Virginia Beach are here to guide you through the process, but we are not around for every decision you may need to make.
These resources offer support and education to allow you to make these everyday decisions with confidence.
Kristen D. Hofheimer Memorial Scholarship
We know you cannot be a girl’s girl without actively supporting other women. In pursuit of this goal, we offer $1,000 scholarships to women who are trying to go to or return to school to improve their situation. The scholarship is awarded to Virginia women who personify the concept of straightening another woman’s crown without telling the world it was crooked.
Assistance with All Kinds of Family Law Matters
Hofheimer Family Law Firm understands that family law encompasses many sensitive and emotionally taxing issues with far-reaching implications. Our family lawyers near you have many years of combined experience. We are dedicated to supporting women through a wide range of family law matters in Virginia Beach, VA.
Separation
Many couples who are considering divorce will choose to separate before committing to divorce. While Virginia does not require couples to file a legal separation agreement, Virginia Code 20-91 does require married couples to separate for a period of time before the courts will finalize the divorce. The duration of separation can range from 6 to 12 months, depending on whether children are involved.
The courts define separation based on two factors. Whether one person intends to end the marriage, and the couple stops cohabiting. A formal agreement is not always necessary to prove these two facts, but it can make the situation much easier if you and your spouse agree to end the marriage. Without an agreement, you may need to offer other evidence of the start of the separation.
Cohabitation can be a little bit trickier for some couples who may need time to acquire a separate dwelling. However, if you are cohabiting, it generally means you are living together as husband and wife. So while staying under the same roof is not ideal, it can be doable as long as you are sleeping in separate rooms and conducting your lives separately.
Divorce
Divorce is the first thing most people think of when a family law attorney comes up, and the truth is that this is a large part of what we do. Attending a Hofheimer Family Law divorce seminar is a good start, and working with an attorney is really a crucial part of ensuring you leave your divorce with a fair agreement.
The divorce process in Virginia is theoretically straightforward. Still, the course your divorce takes will depend on how well you and your soon-to-be ex-partner agree on the relevant matters. If you agree on many of the essential topics, you may be able to avoid taking the case to court and instead file for a collaborative divorce.
One of the largest sources of conflict in a divorce is the division of assets. This includes determining what qualifies as marital property and how it should be divided. In high-conflict divorces, it can be easy for you or your soon-to-be ex-spouse to get hung up on petty items that you just don’t want the other person to have, whether they hold value to them or not. These circumstances often require the judge to make the final decision and can dramatically increase your costs and the time it takes to finalize.
Military Divorce
If you are a military service member or the spouse of one, you may face additional barriers to dissolving your marriage and restarting your life. While a standard divorce lawyer may be able to get you divorced, to really thrive afterwards, you need the support of someone who speaks military.
Property Disputes
Property disputes are often a significant source of stress for women. This is especially true if your contribution to the family and household was based on labor, instead of quantifiable financial input. You may have put your career on hold to support your partner so they could focus on theirs, leaving you financially disadvantaged and finding it difficult to re-enter the workforce and maintain your quality of life.
Virginia courts often try to ensure that properties and assets are divided fairly, but this doesn’t always mean 50/50. When resolving property disputes, it is important to consider the long-term implications of what you get in the divorce and whether something looks good up front, but may hurt in the long run. Consider whether you are getting a fair share of the value of your combined assets.
Regarding property disputes, you deserve someone who will fight for your best interests. You are not stuck with whatever he offers, and working with a family law attorney in Virginia Beach, VA, can help you fight for what you deserve.
Child Custody Agreements
Child custody is easily one of family law’s most emotionally charged components, and this makes sense for a ton of reasons. If you were the primary caregiver, and all of a sudden your spouse is demanding 50/50 custody, that can feel overwhelming. Ideally, a child custody attorney near you can help you negotiate an agreement that feels safe and as comfortable as possible for everyone.
You may be worried that the children’s father is trying to gain more parenting time to decrease child support, and that can be a valid concern. However, the Virginia courts are required to act in the best interests of the child. This is determined based on 10 Factors, according to 20-124.3 of the Virginia Code. It includes considerations like the other parent’s ability to parent, their relationship with the child, and how each parent can coparent and resolve disputes.
Child Visitation Rights
Many people think that visitation rights and custody rights are the same thing. However, several types of visitation schedules may fall under the same type of custody agreement. The first thing to know is that the courts will typically default to the fact that children have better long-term outcomes when they have contact or a relationship with both parents.
This means that your child is likely to have some degree of ordered visitation with the other parent unless you have convincing evidence that it is against your child’s well-being. If you have concerns for your child’s safety, it can be tempting to simply not allow them to visit. However, it is incredibly important that you manage this impulse and call one of our family law attorneys for guidance on getting a hearing.
Child Support
Child support is meant to ensure that, regardless of living situation or marital status, both parents are appropriately supporting their child. Of all of our tasks, this is often the simplest part of a divorce or custody agreement because it is calculated according to a formula established by 20-108.2 of the Code of Virginia. This formula considers the non-custodial parent’s gross monthly income and the number of children they have in the home.
Spousal Support
Spousal support is another heavily litigated area of family law. The primary purpose is to offset financial disparity between spouses, which is often considered in addition to a fair division of assets. This is also a way to recognize each party’s contributions to the marriage, including those of time and labor, and determining if and how much someone receives largely depends on three things:
- Need vs. ability to pay
- Statutory factors
- Duration of the marriage
Essentially, this means that if your spouse is working minimum wage, they are not likely to be able to pay, and there is not likely to be a large discrepancy. Similarly, if you have only been married for a year or two, managing separation is likely to be easier than for someone who has been married for 10 or 15 years.
What to Expect When Working with Our Family Law Attorneys Near You
Though the specifics of your family law case in Virginia will vary depending on the circumstances and type of case, you can often expect certain components to be true no matter what. These include filing paperwork with the court, investigating and discovering, negotiating terms, taking the case before a judge if you are unable to resolve all relevant matters, and finalizing the process.
No matter what is ahead in your case, you can count on the lawyers at Hofheimer Family Law Firm for sound counsel and guidance. We will stand by you and make sure you meet deadlines and have all the information you need every step of the way.
How Long Will My Family Law Case Take?
In Virginia, a no-fault divorce will require a separation period of at least 6 months with no children, and 12 months with children. However, should you choose to pursue an at-fault divorce, this may grant the opportunity to waive the waiting period, granting an immediate divorce. Beyond these initial waiting periods, complex negotiations or waiting for court dates may add additional delays, making it difficult to predict how long the process can take.
Family Law Myths
One of the reasons an experienced divorce attorney is so important when you are dealing with separation, divorce, and custody is that we never know what we do not know, often until it is too late. The legal world is constantly changing, so some of what you know may have been true when you heard it, but it is not the case anymore, and navigating your divorce and custody case on outdated information can be dangerous territory.
The Courts Always Favor Mom for Custody
This is one that we hear all the time, and from experience, we can say this is absolutely not true. While it is true that women often feel they are the default parent, and children may agree, this does not mean they will immediately find themselves with full custody.
We have seen many women who assume that custody is not something they have to worry about, only to find themselves trying to navigate a 50/50 custody split.
My Husband Can Be Ordered to Pay My Legal Fees
This is technically true. The judge may decide to require your husband to pay your legal fees in addition to his own. However, this is not the norm. We do, on occasion, see times when they agree to cover the costs for the sake of expedience, but this is not something to rely on.
My Husband Cheated, So I Should Get Everything
The idea of taking your husband for everything he has may be a nice fantasy after you discover he cheated on you, but this is not always the case. First, there are some specific things to consider if you are trying to file for an at-fault divorce based on infidelity, including whether you have a fidelity clause in a nuptial agreement, and even whether you slept with him afterwards.
Yes, you may not have grounds for an at-fault divorce if you sleep with your husband after discovering his infidelity because Virginia law may consider it forgiveness.
Call Our Virginia Beach Law Firm to Speak with Family Law Attorneys Near Me Law firm
Separation, divorce, and custody bring unimaginable stress to your life. Whether the decision was forced on you or you made it to preserve your quality of life and happiness, it is never easy to walk away from the life you thought would be forever.
Thankfully, this is not something you have to navigate alone. Call Hofheimer Family Law Firm for a team of family law attorneys near you that knows how to support women. We offer case consultations to discuss your situation. Reach out today by scheduling online so we can discuss your goals and the details of your case.