Virginia Divorce

Virginia Divorce – Custody of Children in a divorce

Divorce_Information — Mon, 05 Apr 2010 20:25:00 GMT

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.

Virginia Divorce – Facts about spousal support in your divorce

Divorce_Information — Mon, 05 Apr 2010 01:20:51 GMT

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.

Virginia Divorce – Division of property in a Virginia divorce

Divorce_Information — Mon, 29 Mar 2010 22:05:00 GMT

There are lots of questions about how property will be divided when it comes to divorce in Virginia. In Virginia there are specific laws about how property will be distributed in a divorce. Not many people know that Virginia is an “equitable distribution” state and all marital property shall be divided in an equitable fashion in all cases. The thing to remember here is equitable does not necessarily mean “equal”, but it foes mean fair. If the couple can not reach a settlement on all marital properties and debt then the court will step in and declare the property award in the divorce.

The meaning of separate property in regards to Virginia divorce can be described as any of these definitions :

Any property, personal and real, that either party obtained before the marriage.

Any property received to either party that was a gift, or obtained by bequest, descent, devise or survivorship.

Any property acquired during the marriage in exchange for or from the proceeds of sale from separate property.

The meaning of marital property in regards to Virginia divorce can be described as any of these definitions :

Any property titled in the names of both spouses.

Any property that is acquired during the marriage that is not described above as separate property.

The court will decide how to divide the marital property in divorce court by the following guidelines :

All contributions must be in the best interest of well being of the family.

All marital property must be taken care of through all monetary and nonmonetary contributions.

The total length of marriage.

The physical an mental well being of each spouse and their age.

How the marital property was acquired.

The tax consequences to each spouse.

(Virginia Code - Title 20 - Sections: 20-107.3)

Virginia Divorce ~ Uncontested Divorce

Divorce_Information — Sun, 19 Apr 2009 13:00:00 GMT

Normally an uncontested divorce is faster and cheaper than a contested divorce. The law typically allows both parties to define their own futures when both parties agree to the terms of a divorce. The end result of an uncontested divorce is that the spouses are not forced to live by a judgment given to them by a Virginia Judge.

The uncontested divorce is very beneficial when children are involved in the divorce. After and uncontested divorce, relationships are more peaceful. As a result, parents are able to raise their children together after the divorce much more civilly.

There is for more confidentiality in an uncontested divorce. In a contested divorce, both parties must review all financial aspects before the divorce court. Many private details about you may be revealed in a contested divorce. In the case of an uncontested divorce, all of your personal information is private and not displayed.

Uncontested divorce are more useful to spouses who agree to disagree and can be civil to one another. This is usually not a marriage where violence or adultery has occurred.

An uncontested divorce may be the more civil route for some couples going through a divorce. Talk to your spouse and see if this will work in your divorce case.

Virginia Divorce ~ Constructive Desertion

Divorce_Information — Wed, 08 Apr 2009 16:15:00 GMT

Constructive desertion is typically described as one person leaving the actual marriage, not necessarily the home. One thing to consider in a divorce is you may have been deserted if your spouse does not physically leave your residence. If your spouse’s behavior or misdemeanor is extremely cruel then you may be able to leave the home and charge your spouse with constructive desertion in your divorce.

Here are some typical examples of things that come up in a divorce that may be eligible for constructive desertion :

Behavior or conduct that endangers the other spouses’ life, health, safety and even self respect if more than one instance of self respect related damages have been proven.

Refusal of sexual relations willfully and without cause. In addition you must prove that the spouse has also stopped participating in mutual responsibilities of the marriage.

If a spouse refuses to move if there are necessary life changes to be made, for example a new job, caring for a parent, etc. The only exception to this rule is if the living environment is unacceptable to the spouse unwilling to relocate.

Virginia Divorce ~ Real Property

Divorce_Information — Tue, 07 Apr 2009 13:52:31 GMT

The definition of real property is every piece of real estate you and your spouse own. This is your home, your beach house, your condo or interest in a real estate investment that includes both spouses names.

There are a few possible solutions to dividing real property in your divorce. One spouse can forfeit their entire interest in the property to the other spouse. Both spouses could agree to sell the property. Another option is allowing one spouse to remain in the property for a set amount of time until minor children are out of the home.

Lots of questions in a divorce arise about who gets tax credits if one spouse maintains a home alone, who pays interest payments, which spouse benefits for the real property in their divorce. An agreement will have to be made for your real property in your divorce.

In some cases one spouse wishes to buy out the other in a divorce for property. It would be a good idea for you to speak with your tax advisor before agreeing to a buy out. It’s important to know all the facts before signing anything away, whether you are compensated or not. It would also be a good idea for you to contact a few appraisers to determine what the fair market value of your property actually is before agreeing to anything.

Make the best decisions for you and your children in your divorce.

Virginia Divorce ~ Proving Adultery

Divorce_Information — Tue, 31 Mar 2009 17:00:00 GMT

Divorce cases that include adultery are never pleasant and can almost always be emotionally draining. It’s important to get the facts straight in all aspects of adultery.

If you openly catch your spouse in an affair then detectives and private eyes may not even be needed. It’s not often that a spouse comes clean about an affair and gives all the details you would need in your divorce case. A detective may help your case in court however. You will most likely need a corroborative witness, for example a mutual friend or neighbor, who has witnessed the affair and has nothing to gain by making a statement in court. A lot of adultery cases a proven by circumstantial evidence by proving that the spouse that had the affair had the opportunity and disposition to commit adultery. In order to establish adultery, you must have clear evidence that is very convincing.

A good example of convincing evidence would be public displays of affection between the guilty spouse and the paramour (the extramarital partner), such as holding hands, kissing, hugging. Those examples create evidence of an adulterous disposition. An example of an opportunity to commit adultery would be if the guilty spouse was seen at the paramour’s residence for long amounts of time. You must prove disposition and opportunity in most cases for the court to agree to adultery as grounds for divorce.

Build a good case for yourself and get all your facts together. The more information you collect and document, the better you will be prepared for your divorce.

Source : Virginia State Code

Virginia Divorce ~ Controlled Separation

Divorce_Information — Thu, 26 Mar 2009 19:00:09 GMT

Controlled separation is a trendy approach to dealing with divorce in a less confrontational way. It's popularity has skyrocketed in the last few years. In a controlled separation you and your spouse will work with a counselor or mediator to arrange separation agreements and work to see if there is a resolution to your marriage as a final step before divorce proceedings continue.

By having a controlled separation you and your spouse can live separately and make negotiations for a marital solution. This is a very good thing to try. Sometimes a third unbiased party like a mediator or counselor can recognize problematic areas and possibly find a way to save your marriage. If the spouses are separated sometimes problems are easier to identify and possibly rectify.

In a controlled separation there will always be certain guidelines to follow based upon each couple's issues that they have in their marriage. Here are some ideas for planning your controlled separation.

Someone leaves the household. It is key to work on your problems without constantly arguing with your spouse. If one spouse leaves there will be more fresh air between you to make proper decisions.

Separation time limit. It is a good idea to have a goal as to when you will come to a resolution. Setting a timeline may help you work toward your goals in a more organized manner.

No attorney involvement. You and your spouse should agree to not involve an actual divorce until you have given controlled separation a fair shot and are willing to say that you did give this all you could.

Financial Support. You and your spouse should agree what is a fair way to make sure your spouse is okay financially.

Children's Involvement. Your children should not be neglected in any way. Make a visitation plan and possibly a family outing.

Intimate Relations. Determine whether continuing a sexual relationship will be wise for you at this difficult time.

Ending the Controlled Separation. Decide whether one spouse can end the controlled separation or whether both spouses must agree that it should end.

These guidelines will allow you to approach your issues in a positive and respectful manner. Everyone will be more cool calm and collected. Good luck to you !

Virginia Divorce ~ Financially Brilliant Divorce

Divorce_Information — Sun, 22 Mar 2009 12:00:00 GMT

In divorce there are plenty of financial preparations to be made. Ideally, the goal is to simplify the divorce and make sure both spouses make it through the divorce process. Here are some tips to make a financially brilliant divorce.

~ Know your state property laws. Find out whether you live in an equitable distribution state or a community property state. Be prepared for state specifics, you don’t need any surprises.

~ Construct your budget as a single person. This is imperative when making support estimations and planning future financial matters.

~ Learn about your retirement plan. This may come up in court and you need to be as prepared as possible.

~ Assess your assets. $200,000 in home equity is not the same as $200,000 in cash. See how your assets will affect your taxes as a married couple vs. a single adult.

~ Research child support and spousal maintenance. See how these affect yourself and your spouse.

~ Research the changes of taxes based on your marital change.

~ Make a plan for debt and credit issues. If you are keeping the marital property it is in your best interest to refinance the property so that it will only be in your name. Joint credit cards should be cancelled and new ones in just your name opened so that there are no unexpected surprises from your spouse.

~ Don’t forget insurance coverage. Take a look at your health, life, homeowner’s/renter’s and business insurances.

~ Report your plans of divorce to your employer so that they may change information on your W-4, your trust, insurance and retirement plan beneficiaries. Register everything in only your name.

If you are fully prepared, you are fully ready for divorce. Without preparation, you cannot be sure that you cover all areas. Learn your facts !

Virginia Divorce ~ Definitions of Terms Used In Divorce

Divorce_Information — Tue, 17 Mar 2009 13:00:25 GMT

This collection of definitions will help you understand some specific terms in the Virginia Divorce laws, process and paperwork when dealing with divorce.

Filing Party Title:
Petitioner

The spouse who will initiate the divorce by filing the necessary paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the divorce with the court.

Court Name:
Circuit Court of ___________ County, Virginia

The name of the court in which a divorce is filed in the state of Virginia. Each jurisdictional court normally has a domestic relations or a family law section.

Document Introduction:
In Re the Marriage of:

The lead-in caption used in the legal header of the documents filed with the court. This introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Petition for Divorce

The title and name of the legal document that will begin the Virginia Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document in all cases.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Virginia Divorce process. This document will be signed by the judge or master of the court to declare your marriage officially terminated.

Clerk’s Office Name:
Office of the Clerk of the County Circuit Court

The office of the clerk that will handle the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of Virginia for at least 1 year prior to filing for legal separation.

Property Distribution:
Equitable Distribution

The applicable Virginia law that will dictate how all assets are to be divided upon Divorce.

Virginia Divorce ~ The Top Ten Causes Of Divorce

Divorce_Information — Mon, 16 Mar 2009 13:00:52 GMT

Below is a list of common reasons why marriages fall apart and lead to divorce. It is wise to take a look at how you are dealing with these issues at this time and whether or not you need to make some adjustments.

1. Money Problems. Numerous couples argue about bills, spending habits and other various financial issues. Dealing with money problems now will determine whether money issues will have a negative or positive effect on your marriage in the long run.

2. Children. Some spouses disagree about several things concerning their children. Discipline is the biggest argument in marriages concerning children. It's a good idea to speak to your spouse thoroughly about their views in how situations, whatever they are, concerning children should be handled.

3. Sex. Frequency, quality and quantity of sex are often a common argument in marriage. Infidelity is also a source of stress or dissolve of marriage. A good sex life can help save your marriage. Talk to your spouse and see if their fantasies with you are being fulfilled.

4. Time Apart. Spending lots of time apart can often hurt marriages severely. Make a date. Set some time for just the two of you. Get back in sync with each other.

5. Household duties and Responsibilities. Many spouses argue over chores and duties, and whether they are dispersed between the spouses fairly. Instead of making a plan or chart most people just argue about what the other person didn't do. Mark a calendar with certain responsibilities. There will be no arguments if there is a record to refer to.

6. Friends. Some friends can be utterly toxic to your marriage. Identify friends who will support you and your marriage and those who may influence the breakdown of your relationship.

7. Irritating Habits. Some spouses find that their partner has habits that the other one just cannot stand. Don't be afraid to let your spouse know that there are things that you do not care for, preferably in a calm and non-confrontational manner.

8. Family. Lots of different family members can cause stress in a marriage. Remember to tread lightly while discussing your spouse's family. You and your spouse should always come first in your marriage, but there are times where you may have to yield to family members out of respect in certain situations.

9. Expectations of Marriage. Everyone enters marriage with a certain idea of how it will be. Sometimes marriage is not what someone expects it will be. See what your spouses expectations are and compare them to yours. Share your feelings.

10. Personality Conflicts. Do you avoid conflict ? Are you a "one-up" type of person ? Do you have a stubborn personality ? Take a look at your own personality traits and see if they match those of your spouse. Making a few adjustments could drastically make your marriage that much better.

These are common reasons why a marriage is stressed or failing. See how this list relates to you and your spouse. You may find that divorce isn't necessary. Remember, there is always opportunity for growth.

Virginia Divorce ~ Questions Asked By The Court

Divorce_Information — Sat, 24 Jan 2009 17:30:01 GMT

Your witness can be key in your divorce. You and your witness have lots of ground to cover before you go to court. You and your witness should be very professional in front of the master and judge. You should not be laughing or chatting excessively. The master wants to complete your case just as quickly as you do, as there are plenty of other cases for them to hear.

There is certain information you must disclose to the court which includes :

~ Your name and address

~ Your spouse's name and address ( if known )

~ Date and place you were married

~ The date you were separated from your spouse

~ Names and ages of children born to you and your spouse

~ Who has custody of each child ( if they are minor children )

~ Number of years you have been a resident of Virginia

~ Reason for coming to court ( limited divorce, absolute divorce )

The following questions will be asked to the plaintiff in your divorce hearing. It is in your best interest to have a statement providing the following information to give to the master or judge as a referral. Here is a list of questions you may be asked in court :

~ Please state your name and address

~ How many years have you been a resident of Virginia ?

~ Have you maintained continuous residency ?

~ Were you ever married ?

~ To whom ?

~ What is the date and location of your marriage ?

~ Can you identify this marriage certificate as your own ( your own certificate of marriage will be held up for you to identify )

~ Were there any children born of this marriage ?

~ What are the names and ages of the children ?

~ Who has custody of the children ?

~ Where were you living during your separation ?

~ Who deserted the marriage ?

~ What was the reason for separation ?

~ Has the separation been voluntary, continuous and uninterrupted for over a year ?

~ During the separation did you and your spouse have any sexual contact ?

~ Is there any marital property to be settle by the court ?

~ Is there any chance for reconciliation of this marriage ?

~ Are you or your spouse able to care for your children ?

~ Have provisions been made for the support of your children ?

You must have your witness verify your statements to prove your grounds for divorce. Your witness cannot submit rumors or speculations, only what they have actually seen and or heard themselves.

The witness will be asked this series of questions by the master of the court, or yourself if you choose :

~ Please state your name and address

~ How long have you known the plaintiff ?

~ Where does the plaintiff live ?

~ How many years has the plaintiff resided in Virginia ?

~ Did it become clear to you when the parties separated ?

~ When and how did you learn of the separation ?

~ Have you visited the plaintiff at the previously stated address ?

~ Have you seen the defendant there or any evidence of the defendant residing there as well ?

~ Do you feel that there is a chance of reconciling this marriage ?

Hopefully this list of questions will help you prepare for court. It would be a good idea for you to have these questions with the answers already filled out as a reference for the master or judge in your case.

Virginia Divorce ~ Courtroom Conduct

Divorce_Information — Fri, 23 Jan 2009 18:30:25 GMT

In order to be taken seriously by the judge you must maintain proper courtroom conduct. Here are some tips to remember when you go to court.

~ Do not eat, drink or chew gum.

~ If you must communicate with someone, write notes so that you do not cause an audible disturbance or interrupt the hearing that is in session while you wait your turn.

~ When your case is called the master will ask your name. Respond politely by standing up, introducing yourself and speaking clearly.

~ Dress properly. This is a very important day for you and you want to let it be known that you take your case very seriously.

~ Maintain a calm demeanor. The judge may look down upon flighty or angry types of behavior. This is especially important in cases regarding custody of children.

~ Do not excessively argue. You will be given your chance to say what you need to, so do not talk overtop of your spouse or shout.

Getting prepared for court is a long process. Hopefully these tips will help you show that you can be professional and make it very clear that you are aware that this is a serious matter.

Virginia Divorce ~ Questions Regarding Desertion

Divorce_Information — Fri, 23 Jan 2009 17:30:07 GMT

In the Commonwealth of Virginia, desertion is grounds for divorce. There are a lot of questions asked regarding desertion when people file for their own divorce. Here are some facts about desertion that may answer questions you may have.

If I leave the marital property can my spouse use desertion as a ground to file divorce against me ?

If your spouse's actions do not warrant your leaving, he or she may be able to sue you for desertion. It would be in your best interest to contact your lawyer before leaving the marital property. Minding your steps is key if it is your wish to be successful in getting a divorce on grounds of adultery and constructive or actual desertion. You must not be found guilty of any conduct that would be considered desertion if that is the ground for your divorce. You also must not give consent to your spouse's desertion if that is your ground for divorce. If you do happen to give consent, it would warrant a voluntary separation.

If I leave my spouse because of abusive behaviors, can I be charged with desertion ?

Virginia state law does not consider desertion a crime. You may not be prosecuted in a court of law for desertion at any time. If you are sued for desertion, you can respond by proving it was actually you spouse's abusive behavior which gave you no choice but to leave. If you have left the marital property in an immediate response to a pattern of abuse, you have a ground to use when you file a limited divorce called "constructive desertion".

Source : Virginia State Code

Virginia Divorce ~ County Jurisdiction

Divorce_Information — Thu, 22 Jan 2009 18:05:39 GMT

Venue is defined as the court that will govern your divorce. In the Commonwealth of Virginia, you can file divorce in the county where you last resided as husband and wife, in the county where the defendant resides if they are still a resident of Virginia, or in the county where you reside if the defendant does not live in Virginia.

It is very important to establish residency and be prepared for court. Good ways of establishing residency :

~ Driver's licence

~ Utility Bills

~ Voter Registration

~ Current job

~ Credit card accounts

~ Library Cards

Virginia law requires that you be a "domiciliary" as well as a resident of the Commonwealth which means you live in Virginia and plan to continue doing so.

Source : Virginia State Code