DOMESTIC RELATIONS
DIVORCE:
In Virginia Divorce is divided into three parts: Child Custody, Support & Visitation; Spousal Support (alimony) and Equitable Distribution. To be eligible for an uncontested divorce you must be separated for at least one year (six months if there are no children) and you have signed a property settlement agreement.
Cruelty (reasonable apprehension of bodily hurt) or desertion (leaving without just cause or provocation) will entitle you a divorce from bed and board with a final decree coming after you have separated for one year. Adultery or conviction of a felony can get you an immediate divorce decree once proven.
CHILD CUSTODY:
Legal Custody is often awarded to both parents with one having primary physical custody and the other given visitation rights. The non-custodial parent often pays child support, calculated to include the a share of health insurance for the child and a share of day care expenses if applicable. Both parents get access to school records, medical records and other public documents.
When parents work well together other forms of custody, including joint custody, shared or split custody may apply if the arrangement is in the best interest of the child.
VISITATION:
Visitation is best when worked out between the parties. A court will order "reasonable visitation” and leave it up to the parties to make a schedule or the Court will fix a visitation schedule. Typically to include every other weekend, one night a week, alternate holidays, two weeks during the summer and such other additional times as the parties agree. The schedule will differ depending upon the circumstances and the best interests of the child/children. The schedule for a banker may differ from that of someone who is a long distance trucker or who travels in their job.
SPOUSAL SUPPORT:
Spousal Support (alimony) was originally intended to supplement the income of a newly divorced wife who gave up her career to stay home with the children. The payment was meant to help bridge the gap between entry-level wages and what she might have been making if she had been getting promotions and raises. It was also intended to share the husband’s promotions with both spouses. Since it is a substitute for wages it is considered income to the recipient and a deduction to the one who pays it.
In order to receive support one must a) need it and b) not be at fault in causing the divorce. With certain limited exceptions, you will not get support if you make more than your spouse or if you were the reason for the split.
A judge decides whether to award support and in what amount based upon statutory factors listed in the Virginia Code. Support can be temporary, limited, lump sum or periodic.
CHANGING AN ORDER:
You can revisit a court order regarding custody or support only if there is a “material change in circumstances” since the last order was issued. If circumstances have changed materially then the Judge may revisit and modify the order.
EQUITABLE DISTRIBUTION:
The parties must divide their "marital" property. This includes property acquired during the marriage, property titled in both names and even some property that you had before the marriage and kept it in your name only. Parties that agree and sign a property settlement agreement avoid equitable distribution.
If the parties do not agree, the Court will divide the property but must follow a detailed procedure of classifying property (marital, separate or mixed), valuing it and then ordering its division under a procedure listed in the Virginia Code. The Court is required to list all the property, determine how it was acquired, whose name is it in, how much is it worth and what is the best way to distribute it. The law requires a review of a number of factors before the distribution and often disputes arise over property values, the relative contributions of each party and the tax effects.
The Court will not typically order items transferred from one to the other. Instead, it will value the property and order an award from one of you to the other so as to balance the equities. Sometimes the Court will sell jointly held property and divide the proceeds to balance the equities; but both parties are free to bid on the property up for sale.
RESOLUTIONS:
Good lawyers on both sides can lead you to a mediated or negotiated settlement. Then a property settlement agreement can be drawn up and approved by the Court with minimal costs or delays.
DIVORCE:
In Virginia Divorce is divided into three parts: Child Custody, Support & Visitation; Spousal Support (alimony) and Equitable Distribution. To be eligible for an uncontested divorce you must be separated for at least one year (six months if there are no children) and you have signed a property settlement agreement.
Cruelty (reasonable apprehension of bodily hurt) or desertion (leaving without just cause or provocation) will entitle you a divorce from bed and board with a final decree coming after you have separated for one year. Adultery or conviction of a felony can get you an immediate divorce decree once proven.
CHILD CUSTODY:
Legal Custody is often awarded to both parents with one having primary physical custody and the other given visitation rights. The non-custodial parent often pays child support, calculated to include the a share of health insurance for the child and a share of day care expenses if applicable. Both parents get access to school records, medical records and other public documents.
When parents work well together other forms of custody, including joint custody, shared or split custody may apply if the arrangement is in the best interest of the child.
VISITATION:
Visitation is best when worked out between the parties. A court will order "reasonable visitation” and leave it up to the parties to make a schedule or the Court will fix a visitation schedule. Typically to include every other weekend, one night a week, alternate holidays, two weeks during the summer and such other additional times as the parties agree. The schedule will differ depending upon the circumstances and the best interests of the child/children. The schedule for a banker may differ from that of someone who is a long distance trucker or who travels in their job.
SPOUSAL SUPPORT:
Spousal Support (alimony) was originally intended to supplement the income of a newly divorced wife who gave up her career to stay home with the children. The payment was meant to help bridge the gap between entry-level wages and what she might have been making if she had been getting promotions and raises. It was also intended to share the husband’s promotions with both spouses. Since it is a substitute for wages it is considered income to the recipient and a deduction to the one who pays it.
In order to receive support one must a) need it and b) not be at fault in causing the divorce. With certain limited exceptions, you will not get support if you make more than your spouse or if you were the reason for the split.
A judge decides whether to award support and in what amount based upon statutory factors listed in the Virginia Code. Support can be temporary, limited, lump sum or periodic.
CHANGING AN ORDER:
You can revisit a court order regarding custody or support only if there is a “material change in circumstances” since the last order was issued. If circumstances have changed materially then the Judge may revisit and modify the order.
EQUITABLE DISTRIBUTION:
The parties must divide their "marital" property. This includes property acquired during the marriage, property titled in both names and even some property that you had before the marriage and kept it in your name only. Parties that agree and sign a property settlement agreement avoid equitable distribution.
If the parties do not agree, the Court will divide the property but must follow a detailed procedure of classifying property (marital, separate or mixed), valuing it and then ordering its division under a procedure listed in the Virginia Code. The Court is required to list all the property, determine how it was acquired, whose name is it in, how much is it worth and what is the best way to distribute it. The law requires a review of a number of factors before the distribution and often disputes arise over property values, the relative contributions of each party and the tax effects.
The Court will not typically order items transferred from one to the other. Instead, it will value the property and order an award from one of you to the other so as to balance the equities. Sometimes the Court will sell jointly held property and divide the proceeds to balance the equities; but both parties are free to bid on the property up for sale.
RESOLUTIONS:
Good lawyers on both sides can lead you to a mediated or negotiated settlement. Then a property settlement agreement can be drawn up and approved by the Court with minimal costs or delays.
PROTECTIVE ORDERS:
You apply for a civil protective order when someone commits an act of abuse against you. A petition is filed and ruled upon the Civil Court ordering the respondent away from you for up to two years, with the warning that violation of the order is a contempt finding and mandatory jail time.
Those orders could be as simple as ordering no more acts of abuse, but the Court can order an abuser out of the house and, in some cases, award child custody, temporary support and other safety-related things.
These orders, previously limited to domestic relationships involving family, those living together or those with children together, now include petitions against a co-worker, fellow college student, neighbor or even a stranger.
In cases of emergency you can get quick (short) orders for either a period of three days or two weeks and the respondent may not even be aware of your petition. A “permanent” (two year) order requires notice to be served on the respondent so they have a chance to appear and defend themselves at the hearing.
In a non-domestic case you petition the General District Court naming anyone who has committed an act of violence, force or threat against you.
These orders, once issued, carry mandatory jail time if they are violated, and the respondent is denied the right to own, transport or possess firearms and will be listed in a Protective Order Registry
You apply for a civil protective order when someone commits an act of abuse against you. A petition is filed and ruled upon the Civil Court ordering the respondent away from you for up to two years, with the warning that violation of the order is a contempt finding and mandatory jail time.
Those orders could be as simple as ordering no more acts of abuse, but the Court can order an abuser out of the house and, in some cases, award child custody, temporary support and other safety-related things.
These orders, previously limited to domestic relationships involving family, those living together or those with children together, now include petitions against a co-worker, fellow college student, neighbor or even a stranger.
In cases of emergency you can get quick (short) orders for either a period of three days or two weeks and the respondent may not even be aware of your petition. A “permanent” (two year) order requires notice to be served on the respondent so they have a chance to appear and defend themselves at the hearing.
In a non-domestic case you petition the General District Court naming anyone who has committed an act of violence, force or threat against you.
These orders, once issued, carry mandatory jail time if they are violated, and the respondent is denied the right to own, transport or possess firearms and will be listed in a Protective Order Registry
The Law offices of
PAUL BUCKWALTER
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian Va, 23112
804/744-8744
paultb@paulbuckwalter.com
PAUL BUCKWALTER
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian Va, 23112
804/744-8744
paultb@paulbuckwalter.com
The information contained herein is intended to entertain and inform on general principals of the law. It is not a substitute for personal legal advise. If you have a legal problem you should seek the advise of counsel.
Published by Paul T. Buckwalter - All Rights Reserved
Published by Paul T. Buckwalter - All Rights Reserved