Family Law

 

Family Law

Mr. Gubin is pleased to handle divorce and domestic relations disputes, with an eye toward protecting his client's interests while arriving at reasonable accommodations that avoid bitterness and excessive legal fees. While he is a strong advocate for his client, he believes that both sides are best served when issues deep with emotion are resolved outside of court. His fees are quite reasonable, and he believes in customer service. Clients are kept fully informed of all developments. Every client has Mr. Gubin's cell phone number, and he is readily available to them. Domestic relations comprises approximately 90% of his practice. Mr. Gubin is also available as a consultant while you are going through mediation.

Mr. Gubin has been handling domestic relations cases for the last 12 years. No one will be a more committed advocate for your case. Click on the Testimonials page (top banner) for actual comments from past clients.

 

Contested Divorces

The majority of Mr. Gubin’s practice involves contested cases.  When mediation or negotiation fails, Mr. Gubin does not hesitate to argue the case before the judge and to present your case in its strongest posture.  Before you get to court, you will review all your options, review likely outcomes in court, and discuss the strengths and challenges of your case.  Your income and expense needs – and those of your spouse -- are an important element of the relief sought.  If expert witnesses will be needed (as for example if valuation of a private business is involved, or if imputation of income to an under-employed spouse is needed), you will discuss the costs and benefits of employing such professionals.

 

FLAT RATE UNCONTESTED DIVORCES

If you and your spouse have reached agreement on ALL issues, including property division, retirement account division, debt allocation, child custody and visitation, child support, and spousal support, we offer a flat-fee uncontested divorce. 

$895, if the following is true:

  • You have already divided all assets, allocated all debts, and neither spouse will pay spousal support; OR have a property settlement agreement that resolves those issues; and
  • You or your spouse have lived in Virginia for at least the past 6 months; and
  • You have been separated for at least 6 months (if no children and a written agreement), or 12 months (with children, or if no children but also no written agreement).
  • If there are children, you have reached agreement on who will have primary physical custody of the children, what type of visitation the non-custodial parent will have, and are in agreement on what is appropriate child support.
  • Your spouse is willing to sign a waiver form, confirming he or she is not contesting the divorce, and waiving formal service and notice (this latter saves time and money.)

We will handle your divorce for $895, plus the $86 court filing fee.

This includes:

  • Preparing the complaint for divorce and filing it at court.
  • Preparing the final decree of divorce.
  • Preparing the private addendum attached to the final decree.
  • Preparing a waiver form for the spouse to fill out.
  • Preparing the VS-4 state required form.
  • Preparing affidavits for you and a corroborating witness.
  • Sending you a certified copy of the final decree of divorce, when signed.

Additional Services:

PROPERTY SETTLEMENT AGREEMENT (PSA):

If you need a property settlement agreement drafted, and already know all the terms of the agreement, there is an additional fee of $300 an hour. It usually does not take more than a few hours to draft such an agreement once all terms are agreed upon.

If the PSA requires negotiation between the parties, or has unusual complexity, the charge will depend upon the length of time required and the complexity.

QDROs.

Qualified Domestic Relations Orders are court orders that direct an institution holding retirement accounts to distribute funds to a spouse. They are used in divorce proceedings, as there are no taxes paid for a distribution pursuant to a divorce. Otherwise, distributing funds in a retirement account normally incurs taxes and penalties. QDROs are priced depending upon the complexity involved.

CHANGE OF NAME: If we represent the wife, and she wishes to be restored to her maiden name, this can be done at the time of the divorce. The fee for the affidavit and order needed is $150, plus there is an additional court filing fee of $21.

DEEDS. If you need a quit claim deed prepared to transfer ownership of a house to the other party, there is a $225 fee for that preparation.

Cases will be filed in Fairfax County Circuit Court, regardless of the county in which you live.

No court appearance is normally required. (Note: you and a corroborating witness will execute affidavits in lieu of a court appearance. In some cases, when the parties have lived within the same house for the period of separation, the court may require a personal appearance. In most cases, we do not charge extra to accompany you to the personal appearance.)