ClaimLivesay & Myers, P.C. has a team of family law, custody and divorce lawyers in Fairfax, representing clients in Fairfax County and all across Northern Virginia.
A good lawyer knows the law, a great lawyer knows the judge—and the court system. Nowhere is that more true than Fairfax County, known as one of the most demanding jurisdictions in Virginia. For example, the Fairfax Circuit Court Practice Manual lays out procedures for everything that might happen in a Fairfax divorce, from the initial filing through trial. The rules are so specific as to require that certain types of pleadings are to be filed on specific types of colored paper. These requirements may seem overwhelming to lawyers from outside jurisdictions, but the attorneys in our Fairfax office practice in these courts every day. Our family lawyers live and breathe the local rules—we know the judges, the system and the law.
Grounds for Divorce in Virginia
It is important for any person facing a separation or divorce to familiarize themselves with the grounds for divorce, both fault-based and no-fault, in their state. The grounds for divorce in Virginia are:
Adultery. The adultery ground for divorce requires proof by “clear and convincing evidence” of sexual intercourse outside the marriage. A divorce may also be granted on proof of sodomy or buggery committed outside the marriage. Unlike some other divorce grounds, there is no waiting period before filing on the ground of adultery. Adultery can be very difficult to prove, but if proven may have serious financial implications in the divorce, at least on the issue of spousal support. For more information, including how to prove adultery, defenses to an adultery charge, and impact of adultery in a Virginia divorce, see Adultery and Divorce in Virginia.
Cruelty. The cruelty ground requires proof of “cruelty or reasonable apprehension of bodily hurt.” Acts of physical violence and conduct that endanger the life, safety, or health of one’s spouse will constitute cruelty. Abusive language, humiliating statements, and repeated neglect can also constitute cruelty. While cruelty is typically proven by evidence of a succession of acts, a single act of cruelty is sufficient if it is a very serious act. A spouse’s abuse of alcohol does not constitute cruelty unless it is coupled with other misconduct. A final divorce cannot be granted on the ground of cruelty until one year has elapsed since the acts of cruelty.
Desertion. The desertion or abandonment ground requires proof that a spouse broke off the matrimonial cohabitation with an intent to desert. Desertion does not occur when the husband and wife mutually agree to separate. “Constructive desertion” may be found where a spouse refuses to engage in sexual intercourse, without justification, while also failing to fulfill other significant marital duties. A final divorce cannot be granted on the ground of desertion until one year has elapsed since the desertion or abandonment.
Separation. Unlike many other states, Virginia does not have legal separations granted by courts. However, a married couple may enter into a separation agreement, stipulating that they will live apart and divide their property and debts in a certain way. These agreements usually resolve any other outstanding issues, such as child custody and visitation, child support and spousal support. With such an agreement in place, once the parties have separated and lived apart for six months (with no minor children) or twelve months (with minor children), either party may then file for divorce on the ground of separation.
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Fairfax, VirginiaReviews
32 reviews
Jason Forbes
When my the first Lawyer for my divorce wasn't meeting the standards I needed, I decided to switch counsels half way through my divorce. There was an immediate and distinct difference between the way my case was first being handled and when I choose Mrs. Miller Grant as the lawyer who saw my divorce to conclusion. Her team, Including Ms. Nelson, reviewed and made immediate changes to pertinent documents which reflected their advocation on my behalf. Subsequently I Noticed an immediate change in the behavior of the opposing counsel. I felt as though I had an advocate and a team who understood the intricacies of my divorce. The billing was fair and easy to follow on the biweekly statements. Excellent Service!!
Michael Thompson
From my initial contact with the firm until the closeout of my recent support matter, my experience with Livesay and Myers has been relatively pleasant. Although this was a very difficult and challenging time for me, attorneys Matt Smith and Chris Doyle provided expert counsel which helped to ease my concerns. As things progressed, Mr. Doyle continued to provide sound advice and was very attentive and responsive to any questions I had; routinely informing me of the status of the matter and of his efforts to address any relevant issue. I truly appreciated his representation and was satisfied with the outcome of my case. Should I need legal assistance regarding a family matter in the future, I would not hesitate to call on Chris, Matt, and the rest of the team (Cindy Ornelas, Catherine Fu, Rachel Shields, and Jessica White) at Livesay and Myers.
Tom Cerami
Ms. Chunephisal, Ms. Wilkinson and Ms. Fu handled my divorce paperwork in 2018-2019. Even though it was a less complex case, they were there to answer my questions in an extremely timely manner. Ms. Chunephisal even responded to an email of mine when she was on vacation! The cost was very fair for the services received. They are nice hard working folks, I would happily recommend Livesay & Myers, P.C.
Alexis Finlayson
Livesay & Myers, P.C. Fairfax attorney Mr. Matthew Smith and paralegal Mrs. Caitlin Wilkinson are an outstanding professional team. From the first contact with Matthew and Caitlin, I knew I had reached the right team; a team beyond reproach that will fight my fight on my behalf. Trustworthy, honest, empathic, thorough, and transparent from the start to finish, I’m very pleased with Matthew’s legal tactics in how my divorce was resolved. As a former military spouse, Matthew’s knowledge of military retirement pay and benefits was instrumental in my receipt of a more just and equitable settlement. He provided excellent and honest advice on the most effective and less costly approach. Caitlin is exceptional, she had my back every step of the way. It was well worth the investment for her to prepare and submit your divorce packet to DFAS for payment. If you are dealing with separation or divorce, I highly recommend this team. I know I engaged the right team!
Adi Nasir
Very un-professional service experience. My employer hired this firm for my sponsorship for immigration, the attorney assigned to my case kept telling us they had filed the case with DOL, after 14 months of waiting the law firm told us the case was still not properly submitted and they had to fire the attorney working on the case. The employer got so frustrated that they withdrew the petition and will not sponsor the case now. They just messed up the application.
What a waste of time and money for a horrible service.
Tiffany Davis
Ms. Anneshia Miller Grant has helped me tremendously over the last several years with both custody and child support issues. It put my mind at ease knowing I had her expertise to guide me and get me through dealing with these situations. Being a military member and dealing with court orders from multiple states can be complicated but Ms. Miller Grant handled it with ease. I would highly recommend her services to anyone.
Lei-Ann Chang
Very pleasant experience for an unpleasant situation! Chris Doyle and Matthew Smith handled my situation flawlessly. Very understanding and supportive of my needs and very financially conscious. Great team! Caitlin Wilkinson, Carolina Blanco and Catherine Fu kept me informed every step of my divorce.
Galina Shirshova
Unfortunately, Matthew Smith did not represent any of the qualities mentioned in previous reviews. He is a good talker, but that is where it ends. I really believed that Matt Smith would make the right choices and I trusted him. I had a very complicated divorce and custody case, and it was after over 25K spent I found out that the opposite party’s attorney was Matt’s good friend. There were multiple decisions made without my authorization and on multiple occasions he lead me to do things that were not in my best interest. Eventually, my debt grew to 40k by the time the case was over with ZERO results. Yes, I mean it. Since the day I separated from my ex I gained NOTHING from working with Matt. No child support (even though he had me hire accountants to do income discovery for my ex) he never fought for my custody rights (when I had more than enough proof that I should be a primary custodian for multiple reasons). I was just another number, another dumb client for him who believed in him and was ready to invest every last penny.
Lesson learned, I think of this experience as the biggest mistake in my life.
Good attorneys take cases personally, and that is what I will be looking for next time around.
Cass Wright
I worked with Attorney Brianna Salerno and her team, including Caitlin Wilkinson. They were my advocates every step of the way during a difficult part of my life. I was able to discuss my concerns and need/wants openly, so that all parties were satisfied with the outcome. I'm truly grateful for their expertise in such a confusing and challenging situation. Many thanks!
Heather Clear
Excellent and professional service.
Anthony Hyman
Thanks! to Livesay & Myers, P.C. Attorneys Matt Smith, Alisa Chunephisal, Cambridge Lestienne, Chris Doyle, Shirin Afsous and Paralegal Caity wilkinson for the professionalism throughout the whole process of my child custody & visitation petitions.I was so excited and grateful for the wonderful results of a shared custody and visitation outcome granted to me with a 2-2-5 schedule two days every week then rotating weekends & holidays.I wouldn't hesitate to refer Attorney Matt Smith and team to anyone searching for family attorneys. I never felt alone during my case and Mr. Smith was exceptional every step of the way. He orchestrated a terrific argument for my rights as a father. I was notified for each hearing or motion well in advance as to prepare myself.
Gary Kossally
I had an excellent experience working with Matt and his paralegal Caity from Livesay & Myers. From the first consultation, I knew I was in good hands. I have already recommended them twice to friends I know looking for good legal counsel. Couldn't be more pleased with the service I received.UPDATE: I have now used Matt and his team (Alisa, Christal, Caity, and Caity) twice with great success. This time around Matt helped me navigate through changes to a previous agreement that my ex-wife and I had, in addition to handling a very long mediation. The entire team handled my case with great diligence, answering every single question and guiding me along the way. To anyone thinking about using the services of Livesay & Myers -- If you ever have to go through the unfortunate process of mediation and/or agreement changes, this is the team you want. Thank you again Matt, Alisa, Christal, and Caity!
Debra Crook
Ms. Raheem and her team did a great job. Kept me informed through the whole time. They were very thorough with the information and very aggressive when needed. I am very pleased with the results of the trial.
Trueheart
Terse and clear explanations with very professional management of the entire process, however, very accommodating and regaling attitudes. Satiating advices and swift but timely actions are just manifesting its quality of service. Thanks you!
Fan Zhang
Livesay & Myers has been a great law firm to work with. Everyone on the staff is very friendly and knowledgeable. A special shout out to attorney Brianna Salerno, who I essentially offloaded the entire legal side of things to during this very long and stressful process. She laid everything out clearly from the very beginning and there were no surprises throughout. The results were favorable and I am very satisfied with how my case was handled.
Rachel McDonald
I worked with Mr. Smith, Ms. Howell and Ms. Wilkinson for my divorce. If I could give more stars I would! They made everything so easy and stress free for me. I could not be happier with the results and would recommend this team to anyone!
patrick peralta
Ms. Raheen and Ms. Stanley were a pleasure to work with. They made the whole experience bearable and very straightforward. Both have kept me up to date throughout the proceedings and had promptly answered my inquiries. I highly recommend hiring them for family law matters.
Nate Beckham
I was very satisfied with the assistance I received from Livesay & Myers. Ms. Afsous and Ms. Colon were very professional and also very compassionate, allowing me to pursue my daughter's best interest in a way that I felt was ethical and best for her. They made sure that my daughter was always the primary focus of the case. I strongly recommend Livesay & Myers and Ms. Afsous specifically.
Chinh Bui
I have my Last Will and Power of Attorney prepared by Ms. Salerno with her assistant Ms. Wilkinson. They were very responsive and took the time to answer my questions and concern thoroughly. I am impressed with their quality of work and thoroughness. Great job to the law firm.
Brent Boggs
Ms. Salerno, with the assistance of Ms. Wilkinson and Ms. Colon helped make the process of drafting a separation agreement and filing for divorce as smooth and worry free as possible. They were available throughout the process and very helpful in explaining and answering any questions I had. Thanks for taking care of my case so efficiently and professionally.
Edward Jhee
Matthew Smith and Brianna Salerno, paralegal Caity Wilkinson were extremely helpful with my case. It was a pleasure working with them and they provided excellent support. Highly recommended.
Dee Dial
Ms. Raheen and Ms. Stanley were professional, knowledgeable, and a pleasure to work with. They were responsive and communicative throughout the process. I definitely recommend them for family legal matters.
Martin King
Brianna and Caity were both FANTASTIC! They were always professional and very responsive to any questions or concerns that I had throughout the whole process. I would not hesitate to recommend them or the Livesay & Myers practice to anyone living in the NoVa area.
russelljolly85
Shirin Afsous is truly dedicated. Her team provided me with the information and knowledge in a manner that I could understand. She presented a number of different options for my case and managed my expectations of the outcomes of each. Her team took the time to understand my case and it showed. I would greatly recommend Shirin Afsous and the Livesay and Myers firm.
Peter Kessler
Attorney Shirin Afsous, and paralegal Julie Colon where an outstanding team that empowered me to end a ridiculously difficult 7 year property struggle. Their professionalism is beyond reproach. Shirin balances strong ethical considerations with an assertive no nonsense defense of her client. Where previous legal professionals where unsuccessful, she identified a path forward. This ultimately allowed me to 'get my life back', and obtain a more just and equitable settlement. You cannot go wrong by hiring this firm.
colleen breece
Ms. Raheen and Ms. Stanley were wonderful to work with. They were very attentive and made sure I was happy with every decision. I highly recommend anyone to work with them
Allison Carlon
I worked with Shirin Afsous and Julie Colon on my child support, custody, visitation case. Both were fantastic in helping me resolve a somewhat contentious and frustrating situation.Shirin was friendly, responsive, and incredibly timely in her work and responses to me. She provided me with well-researched solutions to my more complex questions; at the same time she was a calming influence when I was in less-than-calm states of mind.Julie provided me the same quality of service. She never failed to respond to my frequent emails with logistical solutions and was extremely patient with me.I would unreservedly retain Livesay & Myers for any future family law matters.
kathie coyne
Many thanks to attorney Shirin Afsous and paralegal Julie Colon for making a painful situation (divorce) as painless as possible. They answered my endless stream of questions in a prompt manner and guided me through the process in a professional and flawless manner. Both were very friendly and easy to work with. I'd recommend them to anyone in my situation.
Tony Phan
I had a child custody case and hired Ms. Brianna Salerno as my attorney and her assistant Ms. Caitlin Wilkinson. I have nothing but glowing review for these 2 individuals that helped me greatly throughout my case. I never had to hired an attorney in my life before so it was nerve wrecking as first but they guided me through every step of the way. My had settled before it was in the final stage but i am so glad i have these 2 on my side. Would recommended to anyone that going to child custody.
Mike Hooper
My experience with this firm involving a custody matter has been 1st Class. My attorney, Brianna Salerno, listened to my family matter and took the time to completely understand my situation. Ms. Salerno guided me towards thoughtful, caring, and logical solutions there were aligned with my intent and within the best interests of my family. I recommend Livesay & Myers to anyone in the Maryland/Virginia corridor that wants effective work without breaking the bank. I accomplished what I had to set out to do quickly and at fair billing. Kudos!
Weilin Tan
I worked with Laila Raheen and Gigi Stanley on my divorce case. Both of them were very informative and helped me lay out all the possible solutions that I could take for my case. I really appreciate their help.
Juliet Johnson
Matthew Smith & Caitlin Wilkinson offered exceptional counsel throughout my separation and divorce. As a former military spouse, I wanted to make sure that I was protected and understood my rights concerning military retirement pay and benefits. Matthew was extremely knowledgable about military divorce and well versed in the required language for our separation agreement. He also offered excellent advice that helped protect me financially in the initial stages of separation. Although he was more expensive than many lawyers I consulted, this investment paid off in the end. Matthew and Caitlin were both very helpful and prompt with their responses and reassuring throughout this stressful time. I highly recommend contacting them if you are dealing with a divorce or separation.
