In order to obtain a divorce by separation the parties must have lived separately for over one year without interruption of cohabitation and with intent on the part of at least one spouse to end the marriage. The spouse seeking the divorce in court must prove and corroborate the grounds for divorce.
What is the difference between divorce litigation and divorce mediation?
The proof is usually the testimony of the spouse and the corroboration is usually the testimony of a third party. Testimony of the two spouses is not sufficient. In making its equitable distribution awards the courts are authorized to make monetary awards to one of the parties, and may also divide property, order it sold or transfer jointly owned marital property to one of the parties. The court is not required to divide the marital property on an equal basis.
Pensions and retirement plans are subject to equitable distribution to the extent that the same were accumulated during the course of the marriage of the parties.
Spousal support, when awarded, may be periodic payments for a defined duration or indefinitely or in a lump sum, or any combination thereof. The amount and duration of spousal support will depend upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage.
Myth # 1: “If we can’t agree on everything, we have to go to court.”
Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse. Under Virginia law, where the grounds of divorce are adultery or sodomy on the part of the spouse seeking spousal support, said spouse will be barred from obtaining spousal support except in cases of manifest injustice. This is a crucial issue in many divorces. In determining the custody of minor under eighteen children, the court is guided by one standard—the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Custody may be changed if there is a marital change in circumstances. The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay.
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The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child. 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 that support lower.
Virginia Law — state statutes. Title 20, Chapters 6, 6.
The Basics of Virginia Beach Divorce | taira-kousan.com
Judicial System Homepage — downloadable forms, database searches for court opinions, and info on the various branches of the Virginia Judiciary. Fairfax Bar Association — helpful links to Fairfax and state legal information are available from this voluntary bar association. Circuit Courts. Virginia divorce laws are put in place for both the Plaintiff and the Defendant to receive a fair divorce.
6 Myths About Separation and Divorce in Virginia
Sometimes, hiring a divorce lawyer or mediator in your area is the best way to ensure that this happens. Or, if you and your spouse are able to cooperate and agree on everything, you can do your own Virginia divorce online. Your Zip Code:. X Close Start Your Online Start Divorce. Easily Connect With a Lawyer or Mediator. Over ten years experience in online divorce services. No divorce lawyer needed.