As readers of our blog know, our law firm represents Virginians going through a divorce, including a divorce from bed and board, as well as those who are facing issues related to federal immigration laws.
Like other states, Virginia has specific laws describing how property is to be divided between a married couple after a divorce. These laws would also apply to the divorce from bed and board proceeding which a previous post on our blog discussed.
As many people in Harrisonburg may realize even by a quick search online, divorce and family law mediation are becoming increasingly popular ways by which Virginia couples try to resolve their disputes.
In Virginia, what is commonly referred to as alimony or maintenance is technically referred to as spousal support. Basically, spousal support is a court order in the context of a divorce in which one former spouse is ordered to pay money to the other spouse.
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.
Those who are in a difficult marital situation but believe that they may have dodged a bullet, that is, a divorce or separation, over the past few months may need to think twice before breathing a sigh of relief.
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.
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.
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.
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.