John Elledge & Assoc PC
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Divorce Archives

The status of legal separation in Virginia

Unlike some other states, there is no formal process for legal separation in Virginia. When two parties start to live apart, they are considered separated for purposes of establishing that they are eligible for divorce. In Virginia, many grounds for a divorce, including the commonly used no fault divorce, require that the couple be separated for one year.

Tax implications of alimony changing very soon

A previous post on this blog talked about how family law judge in Virginia can order one spouse to pay another alimony either while a divorce or separation is pending or following the entry of a final decree. As this post discussed, whether a spouse is entitled to alimony, and how much, depends on a number of factors that are ultimately within the discretion of the judge to evaluate.

Factors that may be considered in a request for alimony

Not all Virginia divorces will include negotiations or hearings concerning alimony. This is because not all marriages end with one party financially disadvantaged when compared to the other. When one party to a marriage has given up their opportunity to earn an income or put their own career on hold in support of their partner and their family, they may have grounds on which to assert a request for spousal support.

A certain type of debt may lead to marital problems and divorce

Anyone who has ever wondered how they would pay a large bill or make their rent understands the stress that comes with not having enough money. In fact, money or a lack thereof is a major source of personal stress of many Virginians that can wreak havoc on their lives. Marriages can suffer when money woes plague relationships, and problems concerning money are a common cause of divorces.

Will my ex be required to pay child support?

Under Virginia law, both of a child's parents are required to support them financially. This means that when a court decides the custody of a child, the parent who receives physical custody and the noncustodial parent will both have to pay toward the well-being and needs of their offspring. Noncustodial parents are the ones who generally are bound to child support orders and agreements.

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