FAQs

Whetzel Law, PLLC

General FAQs

  • How much experience do you have?

    Our family law attorney brings more than three decades of legal experience to every case.
  • What is your area of practice?

    We handle all matters related to family law, including divorce, separation, spousal support, child support, child custody, and visitation rights.
  • What can I expect with Whetzel Law, PLLC?

    You can expect a client-centered approach where we carefully listen to every detail of your case so we can advocate effectively on your behalf. We're committed to protecting your rights and achieving the best possible outcome for your situation.

Divorce Mediation FAQs

  • Do I need a divorce attorney if my divorce is uncontested?

    Even in an uncontested divorce, an attorney can help ensure your agreement is legally sound, protects your rights, and avoids costly mistakes that could create problems later.

  • How long does a divorce take in Virginia?

    The timeline depends on your circumstances. Factors such as whether the divorce is contested, whether children are involved, and whether you have reached a separation agreement can all affect how long the process takes.

  • What is the difference between a contested and an uncontested divorce?

    An uncontested divorce means both spouses agree on all major issues. A contested divorce involves disagreements over matters such as property division, child custody, child support, spousal support, or other legal issues that must be resolved.

  • Do I have to go to court to get divorced?

    Not always. Many uncontested divorces can be resolved with little or no courtroom appearance, while contested cases may require hearings or a trial.

  • How is property divided in a Virginia divorce?

    Virginia follows equitable distribution, meaning marital property is divided fairly based on several factors—not necessarily equally.

Child Custody FAQs

  • How is child custody determined in Virginia?

    Courts make custody decisions based on the child's best interests, considering factors such as each parent's involvement, the child's needs, and each parent's ability to provide a stable environment.

  • Can custody arrangements be modified?

    Yes. If there has been a material change in circumstances and the modification serves the child's best interests, custody orders may be modified.

  • What is the difference between legal custody and physical custody?

    Legal custody refers to decision-making authority regarding the child's education, healthcare, and welfare. Physical custody determines where the child lives and establishes the parenting schedule.

Child Support FAQs

  • How is child support calculated in Virginia?

    Child support is calculated using Virginia's child support guidelines, which consider factors such as each parent's income, healthcare expenses, childcare costs, and the amount of parenting time.

  • Can child support be changed?

    Yes. Child support may be modified if there has been a significant change in circumstances, such as a change in income or parenting time.

Spousal Support FAQs

  • Will I have to pay alimony?

    Every case is different. Courts consider factors including the length of the marriage, each spouse's financial situation, earning capacity, and other statutory considerations.

  • How long does spousal support last?

    The duration varies depending on the circumstances of the marriage and the terms of any agreement or court order.

Protective Orders & Family Law FAQs

  • What is a protective order?

    A protective order is a court order intended to help protect individuals from family abuse, threats, or violence. Emergency, preliminary, and permanent protective orders may be available depending on the circumstances.

  • Can I relocate with my child after a divorce?

    Relocation may require court approval or modification of an existing custody order, particularly if the move significantly affects the other parent's parenting time or visitation.

  • What should I bring to my first consultation with a family law attorney?

    Bring any court documents, separation agreements, financial records, information about your children, and a list of questions or concerns. The more information you provide, the more specific guidance your attorney can offer.