Common Legal Questions About Virginia Divorce: Child Custody & Support
Will a court split my children into two different households? Answer: The courts tend to avoid splitting siblings unless there is evidence that the split is in the children’s best interest. Does Virginia presume that a mother is the best primary custodian of a child? Answer: No, at this time there are no presumptions in the law regarding custody. The Virginia courts used to examine cases with young children under the “tender years doctrine” that assumed young children were best cared for by their mother. Virginia courts no longer employ this doctrine. Instead, the courts will make custody and visitation determinations based on the best interest of the child by considering specific statutory factors statutory factors (Va. Code §...
Can I modify my spousal and/or child support amount after a divorce in Virginia is finalized?
Questions arise in Virginia as to whether once a divorce is set by a final order, can spousal or child support be modified? Can I modify my spousal support amount after the Final Order of Divorce? This will depend based on the circumstances surrounding your Final Order of Divorce. Provided you do not have a Marital Settlement Agreement or Property Settlement Agreement which limits the ability to modify,Virginia Code Section § 20-109 provides that “upon [the] petition of either party the court may increase… spousal support and maintenance… as the circumstances may make proper.” The party moving for a modification of support payments must prove “both a material change in circumstances and that this change warrants a modification of...
As part of a divorce in Virginia, how does the Court determine child support?
A range of factors. are weighed by a Virginia court when determining child support as part of a divorce. Pursuant to Va. Code 20-108.1, the court will consider the following factors when determining the child support award: Actual monetary support for other family members or former family members; Arrangements regarding custody of the children, including the cost of visitation travel; Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a...
What are the Grounds for Divorce in Virginia?
In Virginia, if you were lawfully married, then you may be granted a divorce on the following grounds pursuant to Section 20-91 of the Code of Virginia: 1. Adultery For a Virginia court to grant a divorce on the ground of adultery, it must be proved by clear and convincing evidence. (Watts v. Watts, 40 Va. App. 685 (2003)). This means that at a minimum, the spouse alleging adultery must provide evidence showing a date, place, and time during which the adulterous conduct occurred. However, even if a spouse does not have sufficient evidence to prove adultery by clear and convincing evidence, he or she can include the adultery as a factor that lead to the dissolution of the marriage for the court to consider. 2. Felony Conviction A spouse may seek a divorce on the...
When Going Through a Virginia Divorce, What is Classified as Marital, Hybrid & Separate Property?
Below gives definitions and examples of different types of property that are considered during a divorce in Virginia. What is separate property? Answer: Examples include: Property acquired before marriage Property acquired after the parties’ final separation. Property acquired during marriage by gift or inheritance from a source other than spouse Property acquired during marriage in exchange for, or from proceeds of, separate property, provided such property is maintained during the marriage as separate property. Passive income or growth of separate property. What is marital property? Answer: Anything that is not separate property. Examples include: Property titled in the names of both parties, unless it was not a gift and is traceable to...
How long will it take to get divorced in Virginia?
Each case is different. In Virginia, a party can be divorced on “no fault” grounds once separated for a period of six (6) months provided (s)he has entered into a property settlement agreement and does not have any minor children. If there are minor children, the couple must be separated for a period of one (1) year for a no fault divorce. Because of the required separation, it is sometimes beneficial to enter into a comprehensive Marital Settlement Agreement during the mandatory separation period to avoid the potential confusion, stress, and anxiety that may occur when going through the divorce process. Whether you are looking for a Northern Virginia divorce attorney or have questions relating to family or divorce law in Virginia, our award-winning...