Virginia Divorce Lawyers Helping Clients Through The Divorce Process In Virginia
Some say that approximately 50% of the marriages end in a divorce in the US. If you live in Virginia and you are one of the unfortunate 50% whose marriage is dissolving, you don’t have to be just a statistic.
You may be in the unfortunate position of having to go through a divorce in Virginia, but that does not mean you have lose everything you have worked so hard for during your marriage.
When a separation or a divorce in Virginia occurs, there are often property rights and financial matters that need to be resolved and this can result in complicated legal problems, especially when children are involved.
The SRIS Law Group Virginia divorce lawyers understand that clients frequently have a lot of questions about separation laws in Virginia and divorce laws in Virginia. The following are some of the different issues that frequently arise when a person is going through a divorce in Virginia. If you need a Virginia divorce lawyer, do not hesitate to contact us for help regarding your divorce in Virginia. A skilled SRIS Law Group Virginia divorce lawyer can help you understand some of the complications that often arise in the area of divorce law and the potential pitfalls that may be prevented, minimized as a result of obtaining our help during a divorce.
What are the Grounds for Divorce In Virginia?
In Virginia, there are two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a limited divorce and while the husband and wife are legally separated from each other, they are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce
For A Divorce from Bed and Board, the moving party must prove one or more of the following:
- Willful desertion or abandonment
- Cruelty and reasonable apprehension of bodily harm
Divorce from the Bond of Matrimony
Separation divorce—the “No Fault” divorce In Virginia
A “no fault” divorce from the bond of matrimony is granted when one of the parties proves that the husband and wife have lived for more than one year separate and apart with the intent to remain permanently separate and apart and without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months.
Adultery, sodomy, or buggery
Proving adultery is very fact-specific and is very hard to do in Virginia. The evidence must be clear and convincing. Sodomy is a sexual act, other than intercourse, such as oral or anal sex. To be grounds for divorce, it must be committed with someone outside the marriage. Buggery is bestiality or a sexual act against nature.
Conviction of a felony
Property Rights and Divorce In Virginia
Virginia divorce laws provide for the “equitable distribution” of the marital property between the parties at the conclusion of the divorce. There are three types of properties in Virginia divorce cases.
- Marital property
- Separate property
- Hybrid property
Under Virginia’s system of “equitable distribution” the court does not necessarily have to divide the marital property on an equal basis.
Spousal Support/Alimony In Virginia
Spousal support is is provided to lessen the financial impact of divorce on the party who is less financially independent. The amount awarded for support depends upon such factors as the respective ages of the parties, assets and earning potential of the parties and the duration and history of the marriage. The court may award spousal support in periodic payments and/or in a lump. Periodic payments could be awarded for either a set number of years or an indefinite period of time.
Child Custody/Child Visitation In Virginia
Virginia Judges determine custody of minor (under eighteen) children using the “the best interest of the child” standard. The court may award “joint legal custody” where both parents have a role in making decisions for the child, or “sole legal custody” where one parent is ultimately responsible for making decisions in the child’s best interests.
Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child’s wishes if the child is of sufficient age, intelligence, and maturity to make such a decision.
Visitation rights will normally be set by the court if the parents cannot voluntarily agree upon satisfactory arrangements.
Child Support In Virginia
The Virginia state child support guidelines provide an amount of child support that is presumed to be correct. However, the Virginia child support law allows for deviations based on certain factors. Non-custodial parents who have their children for more than 90 days per year for visitation have their child support calculated using a different formula that is likely to make the support lower. This is called a shared custody guideline calculation.
Property Settlement Agreement & Divorce In Virginia
In Virginia, the parties have the option of reaching a voluntary agreement resolving their concerns raised in the divorce. The court will enforce the agreement once it is in writing, signed, sworn to by both parties, and properly notarized. Oral agreements dividing the marital property may also be enforceable.
A Property Settlement Agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney’s fees, custody of their children, and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
The SRIS Law Group Virginia divorce lawyers understand that divorce is a very emotionally charged issue and it can make the divorce process very difficult. Our divorce attorneys have the knowledge of the divorce, custody and property laws in Virginia and we do our best to help our clients get through this very complex period of their life.
The Virginia divorce attorneys assist clients with divorces & family law matters, including but not limited to the following jurisdictions:
Fairfax County, Fairfax City, Chantilly, Virginia Beach, Prince William, Woodbridge, Manassas, Chesterfield, Henrico, Loudoun, Norfolk, Chesapeake, Arlington, Richmond, Newport News, Hampton, Alexandria, Stafford, Spotsylvania, Portsmouth, Hanover, Albemarle, Roanoke, Montgomery, Suffolk, Rockingham, Frederick, Augusta, Lynchburg, Bedford, Fauquier, York, Pittsylvania, James City, Henry, Campbell, Washington & Franklin.
