We Help You Make The Right Choices In Divorce And Family Law Matters

Last updated on February 13, 2026

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The decisions you make in ending your marriage can have long-lasting effects. It is important to pursue a divorce in an expeditious and efficient manner to preserve your financial estate and eliminate stress. But it is equally — if not more — important to take the time you need to make decisions which are right for you and your children.

Sevila, Saunders, Huddleston & White has been assisting clients in family law matters since 1982. We have a team of attentive and thoughtful attorneys who can assist you in this difficult time through mediation, litigation, and settlement negotiations. Our team will assist you in shaping realistic goals throughout the divorce process and help you map out the most efficient and cost-effective way to reach those goals. Whatever path you take toward resolution, your attorney at SSHW will treat your case with the highest level of professionalism, and you will receive trusted counsel every step of the way.

Meet Our Team Of Family Law Attorneys

SSHW has earned a reputation for providing impeccable service and advocacy to our clients. (We encourage you to review our attorneys and their qualifications here.) All of our attorneys are active in the community and are regular participants in Loudoun County Bar Association and Virginia Bar Association functions and events. We are available to answer any questions you may have, draft and review legal documents, and give you unwavering support through every step of the challenge ahead.

Understanding Virginia Spousal Support Laws

Spousal support (also called alimony) is not automatically awarded in Virginia divorces. Courts carefully evaluate multiple factors before determining whether support is appropriate, how much should be paid and for how long payments should continue. Virginia law outlines specific considerations for judges, including the standard of living established during the marriage, each spouse’s financial resources and obligations, and the decisions made about property division.

The duration of the marriage plays a significant role in spousal support determinations, though Virginia law does not establish a minimum marriage length for eligibility. Generally, longer marriages may result in longer support durations or even permanent support in some cases. Short-term marriages typically result in shorter support periods if awarded at all.

Courts also consider fault when making spousal support decisions. If adultery led to the marriage dissolution, the court may deny support to the spouse who committed adultery, except in cases where denial would create undue economic hardship. Our attorneys help clients navigate these sensitive issues while protecting their financial interests throughout the process.

During pending divorce proceedings, courts may award temporary spousal support (known as pendente lite support) to maintain financial stability until the final decree. These temporary orders help ensure basic needs are met while the case progresses.

Important tax considerations affect spousal support arrangements. Since 2019 federal tax changes, support payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the recipient. This significant change affects the negotiation of support amounts, as the tax burden remains with the paying spouse.

Virginia law provides clear guidance on when spousal support orders may not be modified. When agreements specifically state they are “non-modifiable,” courts cannot alter them regardless of changed circumstances. Additionally, support agreements may include provisions that terminate payments upon specific events such as remarriage of the recipient spouse or cohabitation in a relationship analogous to marriage.

Navigating these complex laws requires experienced legal counsel to protect your interests, whether you are paying or receiving support. Our attorneys provide knowledgeable guidance to help you understand your rights and obligations under Virginia’s spousal support statutes.

Is Annulment An Alternative To Divorce?

Most people choosing to end a legal marriage must divorce in family court. However, a small subset of spouses may be eligible for annulment instead of a standard divorce. Particularly in cases where people feel blindsided by information they did not have before getting married, annulment may feel like the better option. 

Annulment essentially involves the courts declaring the marriage invalid due to unusual circumstances. It retroactively terminates the spousal relationship. The main difference between annulment and divorce is that divorce is the official end of a legitimate married relationship, while annulment involves the courts acknowledging that the marriage was never valid in the first place.

In a no-fault divorce, spouses can live separately and then assert an irretrievable breakdown of the relationship to divorce without proving fault. An annulment generally requires documentation validating that the marriage was never valid to begin with due to unusual circumstances. 

Scenarios warranting annulments include: 

• Marriages solemnized while one spouse was under the age of 18 
• Marriages between ancestors and descendants 
• Marriages between siblings or between uncles and nieces or aunts and nephews
• Marriages that began when one party could not consent, possibly due to mental incapacity or intoxication 
• Marriages begun with hidden material facts

For example, if one spouse knows they are incapable of having children, they generally need to inform their spouse of that prior to getting married. Felony criminal records hidden from a spouse can also be grounds for annulment, as can an undisclosed history as a sex worker.

A pregnancy involving an outside party could also provide the basis for annulment. If one spouse consents to a marriage unaware that their wife is pregnant by another man or their husband has a pregnant partner, they may be eligible for annulment.

Generally speaking, annulment due to undisclosed material facts is only an option if the spouse who discovers qualifying circumstances takes immediate steps to separate from their spouse. They may not be eligible if they continue to live together as a married couple.  

In cases where divorce is not an option due to cultural practices or religious beliefs, annulment could be an option for some spouses. Additionally, annulment can offer financial protection, as the declaration that the marriage does not exist may end all challenges related to shared marital property, income or debts. 

Legal Help In A Full Spectrum Of Family Law Considerations

Our family law attorneys are happy to assist you with any of the following domestic-related issues:

• Uncontested and contested divorce proceedings
• Equitable distribution and complex property divisions, including the valuation and division of high net-worth assets, businesses, stocks, stock options, retirement plans, real estate holdings and co-mingled assets
• Prenuptial and postnuptial agreements
• Legal separations and annulments
• Alternative dispute resolution, including mediation
• Custody and visitation disputes concerning married and unmarried parents or parental relocations
• Custodial parent relocations
• Child support and spousal support, including requests and enforcement issues, DCSE/administrative cases, registration of foreign orders
• Modifications of custody, visitation and support agreements
• Contempt and enforcement proceedings
• Paternity matters that may affect parental rights, custody and support
• Adoptions, including domestic and stepparent adoptions
• Preliminary and permanent protective orders in cases of domestic abuse
• Guardian Ad Litem for minors
• CPS/DFS removal cases, abuse and neglect, and appeals
• CHINS petitions

Jurisdictions of Practice:

• Loudoun County
• Fairfax County
• Clarke County
• Frederick County
• Prince William County
• Fauquier County

Separation Requirements For Divorce In Virginia

Before a Virginia court grants a divorce, spouses must satisfy the state’s separation requirements. Virginia law requires couples to live separately and apart for a specific period. They must maintain separate residences and end the marital relationship in both practice and intent. For most couples, this period is one full year. However, the requirement is reduced to six months if the parties have no minor children and have entered into a written separation agreement.

Separation in Virginia often involves a Marital Separation Agreement (MSA), sometimes also referred to as a Property Settlement Agreement (PSA). While courts do not appoint or draft these agreements, an MSA is essential when spouses intend to resolve key issues outside of litigation. If alimony, child support or property division will be part of the divorce, a properly executed MSA is typically required to formalize those arrangements.

An MSA is a private contract between spouses. It becomes legally enforceable once signed and, in most cases, incorporated into the final divorce decree. Although courts generally respect these agreements, their involvement may still arise depending on the circumstances. For example, judicial review is more likely if the divorce is contested, if minor children are involved or if questions arise about fairness, disclosure or enforceability. Working with a lawyer is critical to understand when court oversight may come into play and how to reduce unnecessary disputes.

A well-drafted MSA can dictate many aspects of the divorce process, helping couples avoid prolonged litigation. Common MSA provisions include:

• Property division, including real estate, retirement accounts, bank accounts, business interests, debts and other marital assets
• Spousal support, detailing whether support will be paid, the amount, duration and whether it is modifiable
• Child support, including payment amounts, allocation of expenses and enforcement mechanisms
• Custody and visitation arrangements, covering physical custody, legal custody, parenting schedules, holidays and decision-making authority
• Health insurance and uncovered medical expenses, especially for children
• Tax considerations, such as dependency exemptions and allocation of refunds or liabilities
• Attorney’s fees and dispute resolution provisions, which may require mediation before court action

By clearly defining rights and responsibilities, an MSA provides structure and predictability during separation and after divorce. When properly prepared, it can streamline the divorce process, reduce conflict and give parties greater control over the outcome rather than leaving decisions in the hands of the court.

Take Action With Our Help

If you’re in need of guidance through a family law matter, then the attorneys at Sevila, Saunders, Huddleston & White should be the first people you call. We welcome the opportunity to offer you guidance, support and creative solutions that get the job done in a timely, cost-effective manner.

To schedule an initial consultation, contact our office in Leesburg, Virginia, by calling 703-468-0432 or filling out our online contact form.