Faqs: Divorce

When it comes to child custody, there are rarely easy answers. While both parents want what’s best for the child, this doesn’t mean they will agree on what that means. In some cases, the child seems capable of making a decision as to where to live, especially if they are an older child or teenager. In Virginia, there is no “magic age” that allows the child to make this choice. If they are under 18,...

A divorce is never a happy occasion for all parties involved, but some divorces are definitely easier than others. When a couple comes to a mutual decision to end a marriage—especially when they don’t have children—and they agree on how to divide shared property, they can usually proceed with an uncontested divorce. However, if they disagree about even one issue, the divorce becomes much more complicated. This is known as a contested divorce. Issues That...

Divorce is never easy, and some separations are more traumatic than others. While some couples simply divide up their belongings and move on amicably, things grow increasingly complicated when children or other essential relationships are involved. For many people, this includes the family pet. Dogs, cats, and other creatures are more than a possession—they are truly a part of the family, and deciding who gets to keep these family members can be challenging and painful...

It can take years for a marriage to fall apart, but for many people, when it’s over, it’s over, and the faster they can finalize a divorce, the better. For couples who divorce in Virginia, the good news is that they do not have to obtain a legal separation before they can file for divorce. However, they do have to have been living apart for a period of time before they can file. Uncontested Divorces...

Sadly, drug and alcohol addiction is often a factor in divorce cases. If you are considering filing for divorce as a result of a spouse’s substance abuse, you might be wondering if you can include addiction as grounds for divorce. Is Substance Abuse Grounds for Divorce? In Virginia, there are two types of divorce—contested and uncontested. In the case of an uncontested divorce, the spouses agree to the dissolution of marriage and ties are easily...

Spousal support orders are based on the financial circumstances of the divorcing parties at the time the divorce is finalized. Generally, the amount of alimony awarded is based on one spouse’s need and the other’s ability to pay. If either of those situations changes over time, the order can—and should—be revised to reflect that. Factors That Could Warrant a Spousal Support Revision When alimony is first awarded, it’s often intended to be temporary. This is...

Once a couple has decided to separate and start the divorce process, it’s not uncommon for each partner to assess their financial situation and see where the divorce will leave them. Since Virginia requires that all marital assets be divided equitably, it is unfortunately also not uncommon for the spouse who manages the family’s finances to consider stashing assets away to keep them out of the settlement. If you suspect that your future ex is...

While Virginia does offer a cost-effective Do-it-Yourself Divorce program, it is not for everyone, and anyone who gets divorced this way risks getting the short end of the stick. We take a look at who could qualify for the Do-it-Yourself Divorce program and explain how a divorce attorney could probably get you a better outcome. How a Do-it-Yourself Divorce Works in Virginia This program from the Virginia Poverty Law Center is available in certain situations...

Some of your happiest memories from your marriage are of family gatherings at the mountain cabin, riverfront cottage, or ski condo. You know you’ll never all be there together again, but you hate the idea of giving up the vacation home altogether. So, what are your options for holding on to the property in your divorce? Our Virginia divorce lawyers discuss a few here. Division of Property Options for Vacation Homes In Virginia, any assets...

Whether you have full or shared custody of your child or are the non-custodial parent with visitation rights, being deployed will mean that you won’t be able to uphold your end of the parenting agreement you have with your ex-spouse. However, that does not mean that the custody and visitation order needs to change—at least not permanently. Before you deploy, you should speak to a divorce and custody lawyer with experience working with military members...