Virginia Family Law and Divorce Attorneys
MacDowell & Associates, P.C.
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10500 Sager Avenue, Suite F Fairfax, Virginia 22030 USA |
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(703) 763-0923
(703) 591-2253
www.divorcemacdowell.com
Contact the Firm
Law Firm Overview
MacDowell & Associates P.C. attorneys offer Northern Virginia divorce and family law clients the experience and flexibility to approach legal problems in different ways: practical advice that focuses on efficiency and negotiated results, and courtroom experience and trial skills that could affect your case’s outcome.
MacDowell & Associates P.C. is a state court litigation law firm which emphasizes family law, personal injury, and other litigation in the Circuit Courts of Fairfax County, City of Alexandria, Loudoun County and Prince William County, Virginia. They have established a strong reputation throughout the courts of Northern Virginia.
The firm consists of four attorneys. The support staff is knowledgeable and professional, and they work closely with the attorneys and the clients. MacDowell & Associates P.C. focuses on one-on-one relationships with its clients, and is always guided by the principle that 'service to the client is always our first priority'.
Practice Areas
Practice Areas Description
- DivorceAt MacDowell & Associates P.C., we offer a range of legal services for clients facing divorce and related matters, such as disputes over property division, alimony, taxes or child custody. One of the most important services we offer, however, goes beyond the preparation of a divorce petition or motion papers on an asset valuation issue. We help clients define their goals and design a plan to achieve them. An important strength of our divorce practice is our experience in the courtroom. Our ability to effectively present your position on any disputed issue in court not only gives you an advantage in divorce litigation, but it also improves your bargaining leverage in negotiations. Having a credible litigation alternative can help you get the most out of a property settlement agreement or negotiated visitation schedule.
- Uncontested Divorce
Some of our clients find that Virginia's uncontested divorce procedures can help avoid the delays and expenses that can be generated when parties have disputes resolved in the courtroom. To learn whether your situation might be appropriate for divorce on an uncontested basis, contact MacDowell & Associates P.C. in Fairfax for the advice of a knowledgeable family lawyer.Sometimes our clients aren't sure whether an uncontested divorce is right for them. We'll take the time to discuss your situation in sufficient detail to see whether important points of disagreement are likely to prevent an uncontested divorce.
- Military Divorce
Deciding where to file for divorce is one of the first challenges a military couple will encounter. While some Virginia service men and women permanently live in the state, others live on base temporarily, but consider their permanent home somewhere else. It is important to consider the jurisdiction where you file because different jurisdictions and states have different procedures that apply to military divorces and separations. Similarly, jurisdiction will come into play if you need to modify a child custody agreement a few years later. Military couples seeking a divorce also face the hard reality of dividing military pensions. Taking steps to work out a fair agreement can be a complex issue with back-and-forth arguments and discussions regarding the percentage the non-military spouse should receive and how he or she will receive those payments.
- Domestic Violence
There is never an excuse for domestic violence. If domestic violence is a factor in the decision to end your marriage, you have unique issues to deal with in order to protect yourself and your family. Your first challenge is to ensure the personal safety and security of yourself and your children. Domestic violence can include: assault and battery, burglary and criminal trespass, child neglect, disorderly conduct, kidnapping, physical child abuse, psychological abuse, sexual assault and rape, sexual child abuse, spousal physical violence, spousal sexual violence, unlawful imprisonment, restraining order violations, stalking and harassment. To learn about the best ways to protect yourself and your family in situations involving a history of domestic violence or a real threat of continuing abuse, contact an experienced attorney at MacDowell & Associates P.C. in Fairfax.
- Division of Property
Virginia is known as an equitable distribution jurisdiction, which means that instead of assuming marital property should be divided 50/50 between the spouses, the court has wide discretion to divide the divorce assets fairly between the parties. The court's decision will reflect analysis of many factors, such as the length of the marriage, the contribution of each spouse to the family's well being and even the role of either spouse in bringing the marriage to an end. Most divorcing spouses will be better off by negotiating a division of marital property than they will by letting the court decide between two widely differing proposals. Not only is a negotiated settlement faster, less expensive and more certain, the broad discretion that a family court judge has to decide property division issues can sometimes mean that both parties are disappointed by the result.
- Property Settlement Agreements
A property settlement agreement is a contract between a husband and a wife that outlines each party's rights and responsibilities. If either party does not follow through with what they have agreed to do, the court can intervene upon the petition of the party. This flexible document is an indispensable feature of any uncontested divorce, and the negotiation and filing of a PSA can also bring an end to any litigation on contested divorce issues such as alimony or child custody. At MacDowell & Associates P.C., our experience with the preparation, review and revision of property settlement agreements can make the difference between an early resolution of outstanding issues and divorce litigation that's both expensive and time-consuming.
- Spousal Maintenance
Whether you expect to receive or pay alimony in a Northern Virginia divorce or if you question whether the spousal support terms of a prenuptial agreement will be honored in your divorce, our attorneys can review your circumstances and advise you accordingly. Spousal maintenance, often called spousal support, is based on one spouse's need and the other's ability to pay. These issues are usually considered in settlement negotiations at the same time as property division questions, especially if the tax consequences of the agreement will make the marital estate effectively larger.
- Child Support
There usually isn't much to argue about in the determination of child support obligations. The noncustodial parent will pay a fixed amount based on the number of children and the gross income of both parents. Child support obligations will be reduced if the paying parent has other child or spousal support obligations. The formula for determining child support payments is set out in the Virginia Child Support Guidelines, which is established by the Virginia General Assembly. The guideline amount can be increased or decreased by agreement of the parents or adjusted in either direction by court order, but the reasons for varying child support will need to be clearly spelled out. The process can be complicated further in cases where the paying parent is self-employed or has an uneven recent earning history and the income variable can be hard to pin down.
- Child Custody and Visitation
While issues of child support are frequently resolved under state guidelines, child custody and visitation issues can present major problems for parents who are separating from each other — especially when one parent or the other has a history of substance abuse, mental illness or domestic violence. Even in less troubled situations, the complex emotional dynamic of parent-child relationships and conflicts between parents can make the resolution of custody and visitation issues more difficult. Virginia law makes clear that the preferred outcome in custody matters is to protect and support each child's relationship with both parents to the greatest extent consistent with the best interests of the children. While child support orders protect a child's interest in material security, child custody and visitation orders are meant to advance the family's interest in stable and substantial parent-child relationships.
- Parental Relocation
When a parent with primary custody of the children considers moving away from Northern Virginia, there's more to think about than selling the house and starting a new life elsewhere. There are the rights and interests of the noncustodial parent and the increased difficulty of maintaining a visitation schedule. Most of all, the best interests of the children must be taken into account. At MacDowell & Associates P.C., our lawyers can help you whether you are the parent proposing the move or the parent who opposes relocation. Relocation cases can be very difficult, especially if the other parent has a strong relationship with the children. If there is a disagreement over the parent being able to relocate with the child, the court must determine that the relocation directly benefits the child and that it is in the child’s best interest to relocate.
- Relatives and Grandparent's Rights
Laws in the state of Virginia provide for the possibility of court-ordered grandparent-grandchild visitation. Grandparents may also seek temporary or permanent custody of a grandchild under certain circumstances, such as: a parent can be proven unfit due to alcohol or drug abuse or engaging in criminal activity; a legitimate fear exists that a parent may do something to intentionally endanger their child; the parental rights of both parents have been terminated; and a parent with sole custody passes away. Whether grandparents are seeking visitation rights or custody of their grandchildren, they must demonstrate to the courts that their request is in the best interests of the child or children in question.
- Post-Divorce Modifications
Virginia family law recognizes that circumstances change, and that the arrangements for child support or alimony set forth in a court order or property settlement agreement might need modification. Modification of any continuing obligation can be ordered by a court if you can show that a material change in circumstances has occurred. As your attorneys, our first job will be to advise you whether the change in your situation is likely to be substantial enough to justify seeking an order for modification. Assuming that the changed circumstances represent a big difference in one party's needs or the other party's ability to pay, we'll go right to work gathering and organizing the evidence needed to present in court.
- Enforcement of Court Orders
Unpaid family court commitments can lead to contempt of court citations, jail terms and an order to pay the complaining party's attorney fees. Usually, the credible threat of these sanctions is enough to bring the party in default into compliance. When it is not, you need a lawyer who is willing to go the distance in order to ensure your court orders are upheld. At MacDowell & Associates P.C., our Fairfax County child support enforcement lawyers advise people who need assistance with the enforcement of continuing obligations that go into unexcused default. We can help document and present evidence of missed alimony or child support payments or repeated interference with a child visitation schedule.
- Prenuptial Agreements
Our lawyers can draft, negotiate or review proposed prenuptial agreements prior to marriage or remarriage, and challenge or enforce their terms as the case may be in a later divorce. One thing a prenuptial agreement can't do is reduce or waive the obligation of either parent to support a child. While a prenup can address child custody or visitation questions, any such terms in the agreement can later be disregarded if they're shown to be inconsistent with the best interests of the children involved. To be enforceable, a prenuptial agreement must be based on full disclosure of the finances of the parties, substantially fair to both parties at the time it was drafted, and freely entered into. The person proposing the agreement should also give the other person a reasonable chance for independent legal review by his or her own attorney. A prenup offered on a take-it-or-leave-it basis stands little realistic chance of enforcement in court.
Attorneys
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Mr. Richard F. MacDowell Jr.
Attorney Family Law |
More Information on MacDowell & Associates, P.C.
Fairfax, Virginia Family Law and Divorce AttorneysFairfax, VA Domestic Violence Lawyers
Property Division Law Firm in Fairfax, Virginia
Parental Relocation Attorneys in Fairfax, VA
Fairfax, Virginia Child and Spousal Support Lawyers
Fairfax, VA Spousal Maintenance / Alimony Law Firm
Child Custody and Visitation Attorneys in Fairfax, Virginia
Prenuptial Agreement Lawyers in Fairfax, VA
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