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Family Law

Advocate Law PLLC | Divorce, Custody, and Family Law

Family Law

Family law encompasses some of the most personal and sensitive legal issues people face. At Advocate Law PLLC, we are dedicated to providing compassionate and effective legal representation to individuals and families in Roanoke, Salem, and the surrounding areas. Whether you are navigating a divorce, seeking child support, pursuing adoption, or addressing other family law matters, we are here to guide you through every step of the process.

Understanding Family Law in Virginia

Family law in Virginia covers a wide range of legal matters, all of which are governed by state-specific statutes and court procedures. At Advocate Law PLLC, we specialize in providing legal services that protect your rights and prioritize your family’s well-being. Below are the primary areas of family law we handle:

Protective Orders

Virginia law offers protective orders to individuals who are victims of domestic violence, abuse, or threats. Under Virginia Code § 16.1-253.1, protective orders can provide immediate relief, such as prohibiting contact, granting temporary custody, or ordering a perpetrator to vacate the shared residence.

We assist clients in:

  • Filing for emergency, preliminary, or permanent protective orders.
  • Representing clients at protective order hearings.
  • Defending against false or exaggerated claims of abuse.

Child Support

Child support ensures that both parents contribute to the financial needs of their children. Virginia Code § 20-108.2 provides a specific formula to calculate child support, based on factors such as income, custody arrangements, and the number of children involved.

Our child support services include:

  • Establishing initial child support orders.
  • Modifying existing child support arrangements due to changes in circumstances.
  • Enforcing child support orders through court action when payments are not made.

Spousal Support and Alimony

Spousal support, or alimony, may be awarded to a spouse following separation or divorce to ensure financial stability. Virginia Code § 20-107.1 outlines factors that courts consider when determining spousal support, including:

  • The duration of the marriage.
  • The financial needs and resources of each party.
  • Contributions to the marriage, including non-economic contributions such as homemaking or caregiving.

We represent clients in:

  • Negotiating spousal support agreements.
  • Litigating spousal support disputes in court.
  • Seeking modifications to spousal support orders.

Equitable Distribution of Property

Virginia is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally during a divorce. Under Virginia Code § 20-107.3, the court considers factors such as the duration of the marriage, contributions to the marital estate, and each party’s financial circumstances.

Our attorneys assist clients in:

  • Identifying and valuing marital and separate property.
  • Negotiating property settlement agreements.
  • Litigating property disputes in court when necessary.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements allow couples to establish clear terms regarding property division, spousal support, and other financial matters in the event of a divorce. Virginia Code § 20-149 governs these agreements, requiring full disclosure and voluntary consent.

We assist with:

  • Drafting enforceable prenuptial and postnuptial agreements.
  • Reviewing existing agreements to ensure compliance with Virginia law.
  • Representing clients in disputes over the validity or enforcement of such agreements.

Grandparents’ Rights

In certain circumstances, grandparents in Virginia may seek custody or visitation rights with their grandchildren. Under Virginia Code § 20-124.2, courts consider the child’s best interests when determining whether to grant such rights. Our attorneys provide representation for grandparents seeking to maintain meaningful relationships with their grandchildren.

Mediation and Alternative Dispute Resolution

Mediation and collaborative law offer alternative ways to resolve family law disputes without going to court. These approaches often save time, reduce conflict, and allow parties to maintain greater control over the outcome.

We assist clients in:

  • Mediation for divorce, custody, and support matters.
  • Collaborative law processes aimed at reaching mutually beneficial agreements.

The Family Law Process

The legal process for family law cases can vary depending on the specific issue at hand, but typically involves the following steps:

  1. Initial Consultation: We discuss your situation, goals, and concerns to develop a tailored legal strategy.
  2. Filing or Responding to Petitions: Whether initiating a case or responding to a petition, we handle all necessary court filings and ensure compliance with procedural requirements.
  3. Discovery and Evidence Gathering: We collect and analyze relevant evidence, such as financial documents, communication records, and witness statements.
  4. Negotiation and Mediation: Whenever possible, we strive to resolve disputes through negotiation or mediation to minimize stress and expense.
  5. Court Hearings and Litigation: If a resolution cannot be reached, we are prepared to advocate for you in court, presenting a compelling case to the judge.
  6. Post-Judgment Modifications and Enforcement: We assist clients in modifying or enforcing court orders when circumstances change.

Why Choose Advocate Law PLLC for Family Law Matters?

  • Experienced Legal Team: With over a decade of experience, our attorneys have handled a wide range of family law cases, from straightforward issues to complex disputes.
  • Client-Centered Approach: We prioritize your needs and goals, tailoring our strategies to achieve the best possible outcome for you and your family.
  • Local Expertise: Based in Salem, Virginia, we have deep knowledge of the Roanoke Valley’s courts and legal landscape.
  • Comprehensive Services: From protective orders to adoption, we offer full-service legal representation for all family law matters.
  • Strong Advocacy: Whether through negotiation or litigation, we are committed to protecting your rights and advocating for your best interests.

Contact Advocate Law PLLC for Family Law Assistance

At Advocate Law PLLC, we are dedicated to helping individuals and families navigate the legal challenges that affect their lives. Whether you are seeking support with a divorce, custody dispute, or any other family law matter, our team is here to provide the guidance and advocacy you need.

Contact our Salem, Virginia, office today to schedule a consultation and take the first step toward resolving your family law concerns with confidence and peace of mind.