Virginia Divorce Law
Divorce is often a confusing and frustrating legal battle for many people. While divorce laws are somewhat uniform throughout the nation, there is quite a bit of discrepancy between the various states. If you are thinking of getting a divorce it is essential you understand the laws for your particular state. Here are some quick facts about divorce law in the state of Virginia.
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Grounds
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Virginia law requires the ground for divorce be real and proven in court, even if both parties agree to the divorce. Grounds can include, but are not limited to, willful desertion, abuse, adultery or conviction for a felony.
Property Rights
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Under Virginia law, all marital property will be equitably distributed between the two parties. Equitable does not mean equal. The court will look at a variety of circumstances, including financial contributions to the marriage, to determine how the property should be divided.
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Spousal Support
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In an attempt to lessen the financial impact of divorce on the less financially stable party spousal support may be awarded. The court will consider a variety of factors, including the assets and earning potential of each party when determining the amount.
Child Custody
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Virgina courts determine custody using the "best interests of the child" standard. Determining factors include the ages of all parties involved, the parties physical and mental well-being, the nature of the parent/child relationships and the child's wishes.
Child Support
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Sections 20-108.1 of the Code of Virginia sets forth the guidelines for determining child support. The court does have the authority to deviate from the guidelines if the circumstance warrant it.
Procedure
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Uncontested divorces may actually be resolved in an attorney's office, with only the paperwork needing to filed before the court. Divorces involving child or property disputes are typically heard before a judge.
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References
- Photo Credit Photo: Monochrome/Flickr.com Creative Commons
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Comments
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Hi, I am currently living in Mexico but both my huseband and I are American citizens. Our children were born in Virginia (4 & 11 yrs old) If I get divorced here I automatically get the full custody of the children but their father would also still have to approve for us to move back to Virginia. What can I do? Am I not protected by the law if we are going back to where we came from 3 yrs ago? Thanks ahead! Nayeli
