Family Law
The Circuit Courts have jurisdiction over divorces in Virginia. The Circuit Courts have concurrent jurisdiction with the Juvenile and Domestic Relations Courts over matters of child custody, support and visitation. This means that parties can bring an action to determine custody, support and visitation even if they don't have grounds for divorce.
The grounds for divorce in Virginia are:
- Adultery (most be proven with "clear and convincing" evidence)
- Desertion (one party abandons the marriage without justifiable cause or the consent of the other party)
- Cruelty
- A separation of one year
- A separation of six months (must have executed a separation agreement and have no minor children)
An uncontested divorce is one in which the parties agree completely on the grounds for divorce and have no disputes over property, spousal support, child custody or child support. A court hearing is not required in an uncontested divorce. One party files a Complaint for Divorce, has the other party served (or obtains a waiver of service), then gives a deposition (sworn testimony) in their attorney's office. One corroborating witness is required. Uncontested divorces can be obtained in as little as two weeks.
Although there is no "legal separation" per se in Virginia, it is common for couples who have separated to enter into a separation agreement that spells out the rights and obligations of the parties until such time as they have grounds for a final divorce. Once the parties have grounds for divorce, they may request the court incorporate their agreement into the final decree, which then gives the agreement the full force of a court order.
Our experienced staff of divorce attorneys will arrange every aspect of your divorce agreement, including:
- Child custody, support, and visitation
- Alimony
- Division of property and assets
- Grounds for divorce – fault/no-fault
- Bankruptcy
There are two types of custody in Virginia; legal custody and physical custody. Legal custody may be broadly defined as the right to have input into the major decisions regarding the children. Physical custody establishes who the children will reside with. Both types of custody may be granted to both parents (joint custody), or one parent (sole custody). There are numerous factors the court is required to consider to determine what is in the "best interests" of the children. However, the gender of the parent is not one of the factors courts will consider; both parents stand before the court equally.
Child support is statutorily determined in Virginia. There is a guideline in the Code of Virginia that determines the "presumptive" amount that parents should contribute to the children's support. Some factors that are used to determine the presumptive amount are the gross incomes of the parents, the number of children, the amount spent on healthcare and childcare and any other expenses for special needs of the children. A parent that is legally responsible to provide support for other children (outside of the marriage for example) and non-custodial parents that have the children more than 90 days each year (24-hour periods) will have their support reduced accordingly.
Equitable distribution of the marital estate (property) and spousal support (alimony) are discretionary in Virginia. That means the court has broad discretion to determine if one party should receive spousal support, how much and for how long, as well as what should be done with the marital property. Marital property is any property (real or personal) that is accumulated over the course of the marriage regardless of whose name the property is titled in.
Please note that the information provided on this page is general in nature, is subject to change without notice, and does not constitute legal advice. For more information, please call (540) 440-5136 or (703) 657-8104 to schedule an initial consultation.
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