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Northern Virginia Divorce Lawyers

Facing a divorce or family law matter can be life-altering, whether your situation has been a long time coming or seemingly occurs out of the blue. Whether you’re going through a high-net-worth divorce in Fairfax County or a complex asset division involving properties in Alexandria and Reston, family law matters can be overwhelming and uncertain. At Tucker Family Law, we understand the profound impact divorce can have on your life, affecting everything from your children’s futures to your financial stability and emotional well-being. Whether you’re worried about child support, how you’ll maintain your current lifestyle or a million other things, facing these obstacles without the guidance of a good divorce attorney can leave you feeling lost — and leave your rights unprotected.

For over 50 years, Tucker’s divorce attorneys have protected what matters most for clients facing family law issues in Northern Virginia: their futures. We handle the full spectrum of divorce, custody and relationship issues and can discuss your options with you. Book a consultation to speak with a Virginia family lawyer today.

Virginia divorce lawyers

No two family law cases are alike. That’s why our skilled Northern Virginia divorce attorneys provide holistic, solutions-focused, compassionate representation based on your unique goals so you can move forward confidently. Whether your case involves negotiating a settlement agreement, Collaborative Divorce or vigorously representing your interests in litigation, our family law attorneys are committed to securing the best possible outcomes for your family, finances and future.

Areas served in Virginia

Our divorce lawyers in Northern Virginia serve:

Alexandria
Arlington
Ashburn
Burke
Fairfax

Falls Church
Herndon
Leesburg
Loudoun County
Manassas

McLean
Prince William County
Reston
Sterling
All other areas across NoVA

Meet our Virginia divorce attorneys

emily-baker-full

Emily C. Baker

Partner

daniel-schy-full

Daniel B. Schy

Partner

Types of cases our Northern Virginia family law attorneys handle

Family law is a broad area that encompasses a wide range of legal challenges. Our dedicated Virginia family law attorneys handle many different kinds of family matters for clients, including but not limited to the following:

Virginia divorce and separation

When you’re going through a divorce or legal separation, you want a family law attorney who’s committed to achieving the best outcome for you. Tucker’s Northern Virginia and Fairfax divorce lawyers have an in-depth understanding of the intricacies of Virginia divorce law and serve as tireless advocates for your best interests and those of your family. Whether the right path for your divorce is through mediation, negotiation, Collaborative Divorce or, when necessary, litigation, we tailor our representation to your unique situation and priorities. Our Virginia divorce attorneys will guide you through every step of the divorce process to help you make decisions that secure the best outcomes, now and into the future.

Virginia custody and child support

Tucker’s award-winning divorce lawyers in Northern Virginia understand that child custody and support are at the heart of your concerns during divorce, separation or co-parenting outside of marriage. You want fairness, stability and a future where your children’s needs are met. Our dedicated legal team is here to guide you through the complexities of Virginia family law, including international and cross-state custody matters, ensuring that your children’s well-being is prioritized. Together with you, our family law team in northern VA will work to secure practical, long-lasting child support and custody agreements that protect your family’s emotional and financial health.

Virginia asset and property division

When it comes to marital property and asset division during divorce, understanding your rights is critical. Tucker’s family law attorneys in Virginia are deeply experienced in the full spectrum of issues related to dividing assets — from determining whether an asset is marital or separate, to obtaining the right resources to track “hidden” assets, to settling matters that involve small businesses. Our Virginia divorce attorneys will scrutinize every detail while guiding you objectively through the process, empowering you to make decisions that align with your priorities and secure your future.

Virginia domestic violence and protection orders

Addressing domestic violence and obtaining protection orders are crucial steps for your safety. Whether you are a victim of intimate partner violence or addressing allegations, the family law attorneys in our Fairfax and Arlington offices are focused on fair, effective resolutions that prioritize the well-being of everyone involved. Our Virginia legal team is here to help you understand the legal protections available to you while addressing any related issues, such as custody and financial support, and how to effectively present your case in court so you can move forward to the next chapter of your life.

Virginia prenups and postnuptial agreements

Ensuring that your financial interests and assets are protected in a marriage or domestic partnership starts with a well-crafted prenuptial or postnuptial agreement. Tucker’s highly regarded divorce attorneys in Northern Virginia specialize in facilitating these often-challenging conversations, providing counsel and drafting agreements to meet your unique needs and offer you peace of mind. Whether you wish to create an agreement or you’ve been asked to sign one, the team at our Fairfax family law office can help you carefully evaluate every issue and compose a comprehensive document that reflects your goals and vision as a couple.

LGBTQ+ representation in Virginia

Our family lawyer attorneys in Northern Virginia are here to fully protect your rights and needs, no matter your family dynamic or how you choose to live and love. Whether it involves creating agreements that reflect your specific goals or advocating for your rights in more complex legal matters, our Northern VA divorce lawyers are experienced in providing the specialized counsel and support you need to achieve an optimal resolution for your case.

Different types of family dynamics can lead to unique legal needs. At Tucker Family Law, our attorneys have decades of experience helping clients with a wide variety of family situations to achieve resolutions that best fit your circumstances and goals.

Our Fairfax and Arlington office locations

Tucker Virginia family law attorneys Emily C. Baker and Daniel B. Schy welcome the opportunity to meet and work with you.

4000 Legato Road
Centerpointe II, Suite 1100
Fairfax, VA 22033
Phone: 703.896.7663
Fax: 202.866.3636
info@tuckerfamilylaw.com

3033 Wilson Blvd.
Suite 700
Arlington, VA 22201
Phone: 703.896.7663
Fax: 202.866.3636
info@tuckerfamilylaw.com

Have a family law matter? Don’t wait to contact our divorce attorneys in VA

Navigating divorce or family law issues requires not just legal knowledge but an in-depth understanding of the emotional and financial complexities involved. If you’re facing a family law matter, the path forward might seem daunting. That’s where Tucker Family Law steps in. Our Northern Virginia family law attorneys will guide you through every stage of your case, from helping you understand your rights and the legal process to empowering you to make decisions that secure the most ideal resolution for your situation.

To learn more about your rights or to find out what it takes to file for divorce in Northern Virginia, contact the experienced divorce attorneys at Tucker.

Getting the facts about divorce in Virginia

Virginia divorce laws have specific requirements and nuances that can be hard to understand without the experience and knowledge of a good family law attorney. Our divorce attorneys in Northern VA are here to provide the information you need to make informed decisions about your divorce or family law matter. We’ll help you understand the intricacies of Virginia family law as it pertains to your case, whether that involves child custody and support, alimony, or how property and debts are divided in divorce. We’ll make sure you’re equipped with the right information so you can make the best decision for your situation with clarity and confidence.

What our family lawyers in Northern Virginia do

Our Northern Virginia and Fairfax County divorce attorneys are equipped with the skills and resources to handle a broad range of cases.

Whether your case involves a high-asset divorce, high-conflict divorce, military divorce, international custody, or situations of intimate partner violence, mental health, or substance use or misuse, we have the expertise to support your unique needs:

Why choose Tucker Family Law?

The Tucker Family Law attorneys provide insight and experience that can guide you toward achieving the best resolution for your future. We offer:

  • A century of collective experience: Ensure that your best interests — and rights — are protected by one of the DMV’s largest family law firms with over a century of collective experience in family law.
  • A customized, whole-person approach: Gain peace of mind that all aspects of your individual situation will be addressed, including your personal circumstances, family dynamics, financial implications and long-term well-being.
  • Future-focused solutions: Plan for a better tomorrow for you and your family with a team that understands and anticipates your long-term needs.
  • Trusted counsel at every step: Feel supported and informed as you make decisions that help set you on a path to a positive resolution.

Contact a Northern VA divorce attorney

Experiencing a divorce or family law matter and feeling overwhelmed with where to start? A divorce lawyer in Virginia can assist with your case. Contact a divorce attorney today to learn more about our services to Northern Virginia residents.

We have two convenient office locations in Northern VA

Fairfax location

Located in the heart of Fairfax, VA, our family law firm offers sophisticated legal services from our office at 4000 Legato Rd., Centerpointe II, Suite 1100, Fairfax. This prime Northern Virginia location allows us to effectively serve clients across Arlington County, Fairfax County, Loudoun County, Prince William County and the City of Alexandria with ease. Whether you’re facing complex family law issues such as divorce, custody matters or property division, our dedicated team of Northern Virginia divorce attorneys is here to provide you with the guidance and support you need. Tucker’s Fairfax meeting location is located near the intersection of Route 50 and I-66, close to the Fair Oaks Mall and Fairfax Corner, providing our clients with a comfortable, familiar setting. For clients in Northern Virginia, our Fairfax office serves as a central meeting point.

Arlington location

Our satellite office in Arlington’s Clarendon neighborhood is located at 3033 Wilson Blvd., Suite 700. This prime location allows us to effectively support clients throughout Arlington County, Alexandria and the surrounding Northern Virginia area. Our Arlington office is easily accessible by car and metro, with proximity to the Clarendon Metro Station and ample parking nearby.

Whether you’re facing complex family law issues such as divorce, custody matters or property division, our dedicated team of Northern Virginia divorce attorneys is here to provide you with the guidance and support you need. For clients in Northern Virginia, our Fairfax and Arlington offices serve as central meeting points.

Virginia family law frequently asked questions

How are assets divided in a Virginia divorce?

Assets in Virginia are divided using equitable distribution during divorce. Virginia law distinguishes between marital and separate property. This legal framework means that during a divorce, assets and debts acquired during the marriage (called marital property) are divided “equitably” but not necessarily “equally.” Factors considered include, among other things:

• Each spouse’s contributions to the marriage
• Duration of the marriage
• Reasons for divorce

Notably, inheritances received by one spouse, even during the marriage, are typically deemed separate property unless they are commingled with marital assets.

Adultery is considered a misdemeanor in Virginia. Within family law, adultery can impact divorce proceedings, particularly influencing alimony decisions and sometimes the division of marital property. The proof of adultery can also lead to a fault-based divorce.

The Virginia Equitable Distribution Statute is the legal framework the circuit courts use to divide marital property and debts during a divorce. Unlike community property states where assets and debts acquired during the marriage are divided equally, Virginia’s approach aims to distribute property fairly but not necessarily equally.

This process involves identifying:
• Marital property: Assets and debts acquired by either spouse during the marriage
• Separate property: Owned before the marriage or acquired as a gift or inheritance to one spouse
• Part-marital, part-separate property: May have both marital and separate components

Courts consider several factors under this statute, including:
• Duration of the marriage
• Each spouse’s contributions to the marital property
• Reasons for the divorce

The statute’s goal is to reach an equitable distribution that takes into account both spouses’ financial and non-financial contributions to the marriage.

Virginia does not recognize common law marriages established within its jurisdiction. Couples must obtain a marriage license and have a formal marriage ceremony to be considered legally married in Virginia. However, Virginia may recognize common law marriages established in other states.

Avoiding alimony payments (also called spousal support) in Northern Virginia requires demonstrating through legal arguments that such support isn’t warranted under your circumstances. Factors influencing alimony include:
• Length of the marriage
• Standard of living during the marriage
• Each spouse’s financial resources and needs
• Each spouse’s earning capacity
• Reasons for the divorce

Evidence of marital misconduct, such as adultery, can also impact spousal support determinations.

Virginia doesn’t recognize domestic partnerships in the same legal sense as some other states do. Without the formal recognition of marriage or a similar legal framework, domestic partners may lack certain rights and protections typically afforded to married couples regarding property division, inheritance and medical decision-making.

In Virginia, inheritance received by one spouse is generally considered separate property and is not subject to division under Virginia law (Va. Code Sec. 20-107). This principle applies as long as the inherited assets remain distinct and aren’t commingled with marital assets.

For example, if one spouse inherits money and keeps it in a separate account under their name, it would likely remain their individual property. However, if that money is then used for marital purposes, such as paying off a mortgage on a jointly owned home or deposited into a joint account, it may become marital property, at least in part.

The distinction between separate and marital property is important in divorce proceedings, as it affects how assets are divided. Properly documenting and keeping inheritance separate can help ensure it remains separate property. However, the nuances of these issues often require a divorce attorney’s expertise to navigate effectively during a divorce.

If you have a custody order in place, Virginia law requires that a relocating parent provide advance notice to the other parent when intending to move out of state with a child. This requirement allows the non-relocating parent to object to the move in court, where decisions are made based on the child’s best interests, including maintaining stability and ongoing relationships with both parents.

VA has two types of child custody:
• Physical custody, which refers to the parent with whom the child primarily lives and who is responsible for the daily care of the child. This type of custody can be sole, where the child lives with one parent, or joint, where the child’s time is divided between parents. The type of physical custody you have can impact relocation cases, as moves can affect the child’s stability and access to both parents.
• Legal custody, which involves the right and responsibility to make significant decisions regarding the child’s health, education and welfare, often requiring parents to collaborate on important issues. Both parents must consider how the relocation affects major life decisions for the child.

A prenuptial agreement isn’t required in Virginia, but it can be a useful tool for couples looking to protect premarital assets or define financial terms in the event of a separation or divorce. Prenups can clarify the division of marital property, alimony responsibilities and other financial matters, providing certainty and reducing potential conflicts during divorce proceedings.

To initiate the divorce process in the Commonwealth of Virginia, you must first meet the a.) residency requirement of at least six months and b.) separation period requirement of being physically separated for at least 6 months.

Divorce in Virginia can either be:
• Contested: Where both parties can’t agree on one or more key issues, like asset division, child custody or alimony. Contested divorce cases may require court intervention to resolve these disputes.
• Uncontested: Where both parties agree on all major issues, allowing for a smoother and often faster divorce timeline without the need for a lengthy court process.

After filing for divorce in Northern Virginia, legal proceedings will focus on resolving issues like property division, alimony, child custody and support.

The duration of divorce proceedings in Northern Virginia can vary significantly, from a few months for an uncontested no-fault divorce where the parties have already agreed upon the terms to more than a year for contested cases. The specific timeframe depends on the complexity of the divorce and the local court’s caseload.

Client testimonials

Top caliber client-centric attorney

“If you are looking for a top-caliber lawyer who is reasonable and understands her client’s needs, then Ms. Baker should be your top choice. I recently worked with Ms. Baker in the drafting, negotiation and execution of a premarital agreement, a situation that is often very difficult to navigate. She was responsive and extremely thorough and her zealous advocacy always took into consideration the outcomes I desired. As a fellow lawyer, I have experienced many situations in which zealous advocacy has served only to further frustrate relations and outcomes for clients. While zealous advocacy is often intended to achieve the best result for the respective client, it can have the opposite effect and drive parties further apart. Ms. Baker took the time to understand what I wanted and the results I sought to achieve. She was measured in her approach, and while her counsel always contemplated the best-case scenario for me, it was balanced with an understanding of the outcomes I communicated to her I sought to achieve, irrespective of whether those outcomes were most advantageous to me. Ms. Baker is a high-caliber, client-centric lawyer and an expert in this practice area. I would recommend her to anyone needing legal services in this space.”

Excellent lawyer!

“Mr. [Daniel] Schy helped with a few of my cases regarding custody and child support. He is extremely knowledgeable, very smart and easy to work with, and he helped me understand how to navigate the legal resources. I have worked with a few attorneys before hiring him and he proved to be the best of all! He is also very kind, compassionate and decent; he genuinely wants to help. He was very assertive in understanding my position and how to create tactics to support my case. I highly recommend him with no hesitation. His skills are outstanding, and I have high regard for him! Over the years, I gained a deep respect for Mr. Schy. It was an honor to have him as my lawyer!”

Excellent representation

“First off, Emily [Baker] is compassionate and easy to work with. She is both detail-oriented and focused on the big picture. I appreciated that she remembered details about my case, priorities and goals. She was able to move my case along when there were lags. Emily recommended a great mediator who worked with me and my ex to draft a parenting plan. She promptly responded to my calls and emails. Finally, her knowledge and experience were evident in her advice and drafting of legal documents.”

Compassionate & realistic

“I could not have asked for a better attorney when going through my divorce! Emily [Baker] was understanding and responsive to my needs. She was kind and compassionate but also realistic. Emily was sensitive to my financial situation so initially suggested using a mediator, with her guidance. When this approach failed, she recommended a judicial mediator, specifically one that had a firmer approach, which is what I needed when working with my ex-husband.”

Get in touch

Having trouble with this form? Please email us directly at info@tuckerfamilylaw.com.