Who gets custody of the children ?
Divorce is a stressful situation for all parties involved and this question comes up first in many divorce proceedings.
To determine the custody of any child under the age of eighteen, the court will only choose in the best interest of that child. It is possible in your divorce that the court may award joint legal custody where both parents have a role in decision making for the child. It is also possible in your divorce that the court may award sole legal custody where one parent is responsible for making all decisions in that child’s best interests. Custody given in divorce is not a reward or a punishment. It is simply choosing the parent who is the most apt to best take care of that child and who is best able to give that child the best direction in life. Custody may change due to changes after the divorce such as remarriage or different life changes.
In a divorce regarding custody, the court will consider the age of the parent and child, the physical and mental condition of all parties involved, the needs of the child, the relationship between the child and both parents, each parent’s role in the child’s upbringing, the home that will be provided to the child and the wishes of the child, provided they are at a mature enough age to make such a decision.
Always keep in mind that children are affected the most in a divorce. Make sure that your child comes first and try and make all decisions to consider your children as best you can. Your lawyer can help you make the best decision for your family, or a mediator if you choose.
Spousal support is always emerging because laws concerning spousal support and divorce and under constant reconstruction. Virginia law has recently stated that the fault of a spouse being a reason for a divorce may no longer be a standard for the other spouse to gain spousal support in divorce court. The court considers all aspects of a divorce when spousal support is a factor. The main focus in divorce court when awarding spousal support is the cause of separation of divorce.
Spousal support in a divorce is not to ultimately punish one spouse, but to assist in the burden of life and divorce to the spouse that is less fortunate financially. The amount of spousal support depends on a few factors. The divorce court judge will review the ages of both parties and assets and potential income/earnings of both parties in the entire lifetime of the marriage. The spouse ordered to pay the spousal support may be ordered to pay weekly, biweekly, monthly, yearly, or in one large sum. If one party is ordered to pay spousal support, the duration could range between a set number of years to indefinitely or until that spouse remarries.
Be prepared for divorce court and make sure to have as much of an agreement as possible so that you are fully ready for everything that happens. Consult your lawyer for the best options for you and your divorce case.