Posts Tagged ‘Virginia Circuit Courts’

VIRGINIA DIVORCE QUESTIONS ANSWERED

BY VIRGINIA DIVORCE LAWYERS

Virginia divorce attorneys of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia. Our Virginia divorce lawyers have litigated cases in both the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts which hear family law matters. Our Virginia divorce lawyers have six offices in Virginia to better serve you. We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia.

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas;
• In the Richmond Metro area, our office is in Fredericksburg & Richmond;
• In the Hampton Roads/Tidewater Area, our office is in Virginia Beach;
• In the Western part of Virginia, our office is located in Lynchburg.

If you wish to consult a SRIS, P.C. Virginia divorce attorney, please simply contact us via e-mail, phone, or by filling out or on-line form. A Virginia divorce lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia divorce.

Virginia Code § 20-95. Grounds for divorces from bed and board in Virginia

A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Virginia Code § 20-91. Grounds for divorce from bond of matrimony in Virginia; contents of decree

A. A divorce from the bond of matrimony in Virginia may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) Repealed.
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
(4), (5) Repealed.
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) Repealed.
(9)(a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad liter to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce herein before entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or§ 20-95.
B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to§ 46.2-342.

Virginia Code § 20-117. Divorce from bond of matrimony after divorce from bed and board

The granting of a Virginia divorce from bed and board shall not be a bar to either party obtaining a divorce from the bonds of matrimony on any ground which would justify a divorce from the bonds of matrimony if no divorce from bed and board had been granted, unless the cause for absolute divorce was existing and known to the party applying for the divorce from the bonds of matrimony before the decree of divorce from bed and board was entered.

Virginia Code § 20-121. Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony

In any case where a Virginia decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days’ notice thereof. No final decree for divorce entered in such a case shall terminate or otherwise affect any restraining order, or order for the payment of costs, counsel fees, support and maintenance for a spouse or child or children except as specifically provided in such decree. The provisions of this section shall apply to the divorces from bed and board, which have been heretofore granted.

Virginia Code § 20-121.02. Virginia Decree of divorce without amended bill or amended cross-bill

In any Virginia divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party’s favor grounds for a divorce from the bonds of matrimony under § 20- 91 (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 (9) without amending the bill of complaint or cross-bill.

Virginia Code § 20-121.2. Validation of absolute divorce granted where no decree from bed and board

Any absolute divorce granted in this Commonwealth of Virginia under circumstances in which the bill of complaint prayed for a divorce from bed and board with leave to merger the same into an absolute divorce at the end of the statutory period and in which the decree of absolute divorce was entered with no decree from bed and board because the statutory period elapsed prior to the entry of said decree, is hereby validated, provided such divorce proceeding was otherwise conducted according to law.

Virginia Code § 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board

In any case where willful desertion or cruelty is the ground for divorce in Virginia and the bill of complaint prays for a divorce from bed and board the court may enter a decree of divorce from the bonds of matrimony without the entry of a decree from bed and board if the statutory period, as set out in § 20-121, has elapsed prior to the entry of said decree and if the court shall be of the opinion that no reconciliation has taken place, or is probable.

Our clients frequently ask us questions about divorce in Virginia. The following are some of the issues asked about:

Getting Divorced in Virginia – The Commonwealth of Virginia Divorce Laws

Are There Different Types of Divorce in Virginia?

Yes – there are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). This is what’s known as a “qualified” divorce, meaning the parties are legally separated – but during the term of this qualified divorce they may not remarry.

The second type of divorce in Virginia is called “a vinculo matrimonii” (divorce from the bonds of marriage). This type of divorce is the most common and is “absolute” – meaning once granted – the marriage is permanently ended. The former partners are free to marry again if they so choose. Everything following is based on this absolute divorce.

There are as many reasons for people seeking a divorce in Virginia as there were for getting married in the first place. We won’t get into the personal aspects of divorce, except to say that old adage “Marry in haste, repent in leisure” is as true today as it was when first penned.

“At Fault Divorces” – What’s Required?

In Virginia, there are many grounds for granting a “for fault” divorce. Some of these grounds include: Willful desertion or abandonment, cruelty, adultery (and other sexually related acts), or conviction of a felony. However, the spouse being sued for divorce in Virginia can raise “defenses” to these grounds, in order to alter, refute or mitigate the “for fault” charges.

Does Virginia Have “No Fault” Divorce?

Yes, The Commonwealth of Virginia permits “no fault” divorce. But certain requirements must be met in order to receive such a divorce. The divorcing couple must demonstrate they’ve lived apart – both continuously and intentionally – for a period of at least one year.

There is an exception to this Virginia No fault Divorce Law. If no minor children are involved, and the parties have entered into a property settlement agreement, the time of separation required is reduced to six months before a no-fault divorce can be granted.
Property Distribution Of Divorcing Parties in Virginia

One of the most complex areas of Virginia divorce law relates to the distribution of property. The method of distribution used in Virginia is called “equitable distribution.”

In Virginia, equitable distribution usually is determined at the conclusion of the divorce proceedings. This distribution determines the relative rights and interests of the divorcing parties in property acquired before, during or even in some cases after the marriage. Virginia sorts the property under three classifications to determine who gets what.

How Property is Sorted Under Virginia Divorce Law

In Virginia, there’s “Marital Property” “Hybrid Property” and “Separate Property.”

Determining the parties property rights is a complex and many times difficult and painful task. It’s also one major area fraught with ill-will and animosity. Skilled and aggressive legal representation is essential in achieving an equitable, fair and desired outcome. Many times one spouse is so distraught, they literally are not thinking straight. Competent representation insures all options are thoroughly investigated – without one party being taken advantage of over the other.

(Just listen to the many country and western songs about this very topic. I’m sure you remember one of the most famous: “She got the mine and I got the shaft.” That’s one good reason why having a skilled divorce attorney is so vitally important!)

Alimony in Virginia: How Is Spousal Support Determined?

Another complex area of Virginia divorce law requiring thorough and careful legal representation is spousal support – or more commonly known as alimony. In Virginia, spousal support may be awarded to assist a financially dependent party depending upon circumstances.

Such awards vary greatly, and are based on a host of factors. Age, duration of the marriage, earning potential, assets, and marital history all play a part in the support settlement. Unlike in former days, it’s now common for spousal support in Virginia to be awarded to either the woman or the man.

It’s imperative to get a fair judgment right at the beginning, because changing the support schedule later on down the road after the divorce is finalized is a costly and difficult affair.

Child Custody in Virginia – “The Best Interests Standard”

Along with property distribution, the custody of minor children is often the most contentious and heart wrenching in divorce and other family law matters.

In Virginia, the Court is guided by the “best interests of the child” legal standard in determining who gets custody. The legal elements and factual factors are oftentimes complex and lengthy. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also decide visitation rights.

Here’s the text from the appropriate Virginia Statutes: Paragraph 20-124.2. Court-ordered custody and visitation arrangements.

“The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”

In joint legal custody, both parents share the access to educational, health, and other records. Both also have equal footing in making decisions where the welfare of the child is concerned. There is also joint physical custody – which can be somewhat different.

An experienced Virginia divorce attorney will be able to spell out each type of custody and what that means for both the parents and the children.

Calculating Child Support

In Virginia, child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia’s statutory support guidelines. Again this a complex area – and one where the help of a lawyer is in everyone’s best interests.

Property Settlement Agreements in Virginia Divorce Cases

A Property Settlement Agreement (PSA) is a legal contract between the divorcing parties. The PSA is a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party’s rights.
The First Step To Take When Facing The Prospect Of A Divorce Or Other Family Law Issue

We’ll be quite frank: The complexity and high stakes nature of divorce and other family law matters in Virginia require skilled and experienced legal representation. If you are contemplating divorce, or have already been served with divorce papers, an initial consultation is the absolute minimum step you should take. Then you’ll know what your rights are, and more importantly – how to protect them.

We understand that divorce is a trying, difficult and painful time. But believe us when we say: It’ll be even more difficult after the divorce is over and you’re left with not only the heartbreaks – but the short end of the financial and custody stick as well.

The following are some of the different holdings by the appellate courts of Virginia regarding divorce in Virginia. Clients should be aware of these holdings so that they may be better informed about some of the legal ramifications about obtaining a divorce in Virginia.

• The Virginia Courts have long held that divorces granted in another state should be recognized as a valid divorce under the full faith and credit clause of Federal Constitution. An example of this can be found in the case of Humphreys v. Humphreys, 139 Va. 146, 123 S.E. 554, Va. 1924., June 12, 1924. The Humphreys Court held the following: Validity of foreign divorce should not be denied by courts except where to recognize such divorce would be violation of morals or public policy of state.
• Virginia requires the party alleging adultery by the other spouse to prove it by clear and convincing evidence. In Haskins v. Haskins, 188 Va. 525, 50 S.E.2d 437, Va. 1948, November 22, 1948, the Court held that a charge of adultery as ground for divorce is not required to be proved beyond a reasonable doubt as in a criminal proceeding, but evidence must be at least clear and positive and convincing.
• If a husband and wife contract via property settlement agreement as to the support and maintenance, then the court will uphold the contract provided the contract was via a bona fide property settlement agreement. In Gloth v. Gloth, 154 Va. 511, 153 S.E. 879, Va. 1930, June 12, 1930, the Court held that in divorce suits, court had power to approve and confirm contract of parties as to property settlements and support and maintenance.
• A no fault divorce also known as a divorce based on irreconcilable differences does not prevent one party from seeking spousal support from the other party while the suit is pending. The Supreme Court of Virginia held in Mason v. Mason, 209 Va. 528, 165 S.E.2d 392, Va. 1969, January 20, 1969 that the fact that husband was granted divorce under ‘non-fault’ statutory provision entitling either spouse to divorce when they have lived separate and apart for two years did not preclude award of alimony to wife.

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Virginia Child Custody Attorneys

Assisting clients with child custody cases in Virginia

Virginia Juvenile & Domestic Relations District Courts and Virginia Circuit Courts

The Child Custody Laws In Virginia Information Center, sponsored by SRIS, P.C. A Virginia child custody law firm with offices in Fairfax, Lynchburg, Manassas, Richmond, Virginia Beach, Virginia, that concentrates on Virginia Child Custody issues and cases.

If you wish to consult a SRIS, P.C. Virginia Child Custody attorney about seeking joint legal custody, sole legal custody, shared physical custody or primary physical custody in Virginia, please simply contact us via e-mail, phone, or by filling out our on-line form.

A Virginia Child Custody lawyer of SRIS, P.C. will gladly consult with you regarding your matter and advise you about your based on the child custody laws in Virginia.  Our custody attorneys understand that custody of one child or children is one of the most important things for a parent.  We are here to help you with your Virginia child custody case.

We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia to better serve you.

To obtain a general overview of child custody issues, please click here

To learn more about Maryland Child Custody Law or Massachusetts Child Custody Laws, please click on the state.

To learn more about some of the Child Custody Laws In Virginia, click on any of the links below:

• VA Code § 20-124.1. Definitions
• VA Code § 20-146.5. Effect of child custody determination
• VA Code § 20-124.3. Best interests of the child; visitation

Virginia Child Custody Issues:

• Moving Children Out Of Virginia
• Factors Determining Child Custody in Virginia
• Separation and Child Custody In Virginia
• What do you do?
• Sharing Child Custody in Virginia
• Co-Habitation and Adultery – Living with the Consequences
• The “War on Drugs” Enters Family Court
• Tobacco Use and Child Custody in Virginia
• Changing the Child’s Last Name in Virginia
• Custody Battles Over State Lines – Who Decides?

Virginia Child Custody Law § 20-124.1. Definitions (top)

As used in this chapter:

“Joint child custody” in Virginia means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.

“Sole custody” means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.

Virginia Child Custody Law § 20-146.5. Effect of child custody determination (top)

A child custody determination made by a court of the Commonwealth of Virginia that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with § 20-146.7 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified by a court properly having jurisdiction.

Virginia Child Custody Law § 20-124.3. Best interests of the child factors in Virginia; visitation (top)

In determining best interests of a child in Virginia for purposes of determining child custody or visitation arrangements in Virginia, including any pendente lite orders pursuant to § 20- 103, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse as that term is defined in § 16.1-228. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.

The judge shall communicate to the parties the basis of the decision either orally or in writing.

FAQs about Child Custody Laws in Virginia Answered:

It’s one of the biggest issues in any divorce: Who get’s custody of the kids? This can also be one of the most contentious and heart wrenching issue in a custody case, both for the parents and the children.

Child custody in Virginia (and in every other state) is guided by The Uniform Child Custody Jurisdiction Act (UCCJA). Basically, the state which is most closely associated with the child gets jurisdiction over the child custody case.

Within Virginia itself, the Virginia Circuit Courts & the Virginia Juvenile & Domestic Relations District Court are the ones enforcing this act and hear child custody cases. They have the power to override any previous child custody agreement if in their opinion the agreement isn’t in the child’s best interest.

Moving Children Out Of Virginia (top)

Some parents in Virginia, in anticipation of a divorce, pick up their kids and move out of Virginia. Barring some kind of restraining order or state law to the contrary, either parent can move taking the children with them. But unless there is abuse or other extenuating circumstances – this usually isn’t such a good idea.

First is the divorce itself: You have to establish residency in the new state . That can take anywhere from 3 to 12 months.

Second, even though you may satisfy the requirements to file for divorce in the new state, that doesn’t automatically mean local child custody and child support laws will apply. Plus, if your spouse is still in Virginia, they may file child custody papers in Virginia before your new residency takes effect. This will force you to travel back and forth to Virginia to defend your decisions there. Plus, you may well have to go through the actual divorce proceedings in Virginia as well.

The states realize that one parent might take the kids and move across state lines or even across the country, just to make things more difficult for the remaining spouse. The child custody laws in Virginia are geared to avoid that possibility.

Virginia courts usually claim jurisdiction if Virginia was the child’s home state within the last six months, even if the child no longer lives in Virginia because one parent took them out of The Commonwealth of Virginia to a new location.

If you’re planning a divorce, it’s best to consult with a local Virginia divorce attorney before picking up and moving out with the children.

Factors Determining Child Custody in Virginia (top)

Some parents when planning to file for divorce move out of the house – leaving the children behind with the other spouse. If you want or expect to file for child custody in Virginia – this is a bad idea.

When determining who gets custody of the child in Virginia, the courts take a dim view of the parent who left the remaining spouse and children behind. In Virginia, status quo is an important consideration for the courts, and they’ll make it a preference when awarding child custody in Virginia.

Unless there is some extenuating circumstance, such as physical or mental abuse – or some serious problem with the arrangements already in place, Virginia courts will frequently leave well enough alone. In Virginia, if you left your children with the other parent, that’s seen as tacit approval of that parent’s parental fitness.

In Virginia, if custody of your child is important to you – don’t willingly leave the children with the other parent for more than a night or two. (Of course, if you’re called away on business – that’s a different matter.) But, if you’re at all afraid the children aren’t safe alone with the other parent, leaving them alone with that spouse for ANY length of time is a poor choice in Virginia.

If that’s truly the case – seek immediate legal counsel from a Virginia child custody lawyer, for both your own safety and the safety of the children.

Separation and Child Custody Issues (top)

Child custody issues in Virginia get more problematic when the parents are separated but not divorced. It’s not uncommon for one parent to move out of Virginia, seeing the children for short visits. Then they’ll file for divorce and custody in their home state, hoping for a better outcome.

What do you do? (top)

Immediately contact a qualified Virginia child custody lawyer in your community to discuss your situation. The Virginia six month residency rule still applies. If you and your child resided in Virginia for the past six months, then the Commonwealth of Virginia will still have “home state” jurisdiction in crafting custody orders.

However, you may first need to contest the custody action in the other state. Although the new state likely can still order a divorce, child custody in Virginia is a different matter.

Sharing Child Custody in Virginia (top)

In Virginia, as in most states, any custody or parenting arrangement must be in the “best interests of the child.” Each Virginia child custody case will be handled differently, depending on the fact of the child custody case.

There are different variations to shared child custody arrangements in Virginia.

Primary Residential Parent In Virginia: The children are in the physical custody of one parent, with the other former partner (non-residential parent ) spends time with the child according to a standard visitation schedule.

Alternating Residential Parenting In Virginia: Both parents share primary residential custody at different times. Some courts have approved plans where the residential parent alternates annually, monthly or weekly.

There are many different ways shared custody and parenting can take form in Virginia. Ideally, parents in Virginia should agree between themselves on an equitable shared parenting plan.

Alternately, each parent can submit his or her own parenting plan to the Virginia courts, allowing the judge to decide. Either way, the Virginia child custody courts must approve the plan.

Co-Habitation and Adultery – Living with the Consequences (top)

In Virginia, adultery is a ground for divorce. It’s also a crime here in the Commonwealth of Virginia – but those criminal statutes are rarely enforced anymore. With no-fault divorce in Virginia, adultery now plays less of an overall role in divorce cases.

As we said, Virginia uses the “best interests of the child” standard in determining Virginia custody issues.

If one parent severs the marriage by moving out and living with another person – this will weigh in on the courts decision in granting custody.

Adultery may not be the stated reason for granting or not granting custody, but may rather play an indirect role. Under the “best interests” standard, the Virginia child custody court will consider your children’s surroundings, which certainly includes their home life. All things being equal, the court will give greater deference to the remaining parent over the new relationship.

When it comes to adultery and divorce – one thing is just about certain: It’s almost never a good thing. It can harm you, and at best will not help you. You are stating loud and clear, your own personal happiness trumps that of a stable family environment. The Virginia child custody court judge will take that into serious consideration when awarding custody.

The “War on Drugs” Enters Family Court ((top)

In determining child custody in Virginia, a court may order one or both parents to undergo drug testing – especially if one or the other has a history of taking illegal substances.

Like it or not, if you don’t submit to the drug test, the consequences may be severe. An Ohio court recently held a father in contempt for failing to comply with court ordered testing. His visitation privileges were suspended, but he could resume visitation once he submitted to the drug test order.

Tobacco Use and Child Custody (top)

Especially in Virginia, this used to be a non-issue. But as the Bob Dylan song goes… “The times they are a’changin!”

State after state are coming down hard on tobacco use and users. From higher taxes to outright smoking bans – smoking is slowly taking the same route as driving and drinking.

At least one court has already found a custodial parent’s smoking a relevant factor in changing custody. In that case, the child was diagnosed with asthma – after the divorce. The mother who had custody continued to smoke. The court held the mother’s continued smoking in the child’s presence showed inadequate concern for the welfare of the child – and removed the child from her custody.

Smoking tobacco alone may not be enough to change a custody, but it sure doesn’t help when awarding it in the first place. Face it: Some divorcing couples will use anything they can against each other, including smoking. So if you do smoke, stop smoking around the children. Or even better yet, kick the habit altogether.

Changing the Child’s Last Name (top)

• This is considered the ultimate breach by many divorced couples. It signifies a total and absolute severing of past ties – even if visitation rights are preserved.
• In Virginia, changing a minor child’s last name is governed by the “best interests of the child” standard. These are some of the factors considered:
• The effect the name change would have on the child
• The name change effect on the the child’s relationship with each parent
• The identification of the child as part of a family unit
• The length of time the child has used a particular name
• If the child is old enough to understand – the child’s preference is carefully considered.
• Whether the child’s last name is different from the last name of the child’s residential parent
• The embarrassment, discomfort or inconvenience that may result when a child bears a last name different from the residential parent’s
• Parental failure to maintain contact and support of the child
• Any other factor relevant to the child’s best interest
• If you’re petitioning to change your child’s name out of spite or revenge – don’t. It’ll probably backfire on you.

Custody Battles Over State Lines – Who Decides? (top)

In Virginia, the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) normally govern multi-state custody matters.

Under the UCCJEA, you’ll likely need to file child custody issues in the same state where custody has been addressed before. However, some states allow you to file in your current residence.

The UCCJA was an attempt at a uniform law that would resolve these custody issues. Unfortunately, it left out some important language, and the 50 states each filled in the blanks on their own. The UCCJEA attempted to resolve the problems among the states, and a large number of states have adopted the new law. There are exceptions … so consulting with an experienced “family matters” attorney would be in your best interest.

For more information or to make an appointment with SRIS, P.C. Virginia child custody attorney, please call, send an e-mail or complete the on-line form

SRIS P.C.

As SRIS, P.C. our experienced Virginia child custody lawyers are well versed and skilled in Virginia family law court issues – including Virginia child custody matters & child custody laws in Virginia. When you decide to seek advice from us, we guarantee the following:

There’s a lot at stake in a child custody case in Virginia.

We’ll do over level best to make sure a sensible and equitable Virginia child custody agreement is reached by both parents. A highly qualified Virginia Child Custody attorney is just a toll-free phone call away.

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VIRGINIA DIVORCE – CONTESTED & UNCONTESTED DIVORCE

OVER 50 YEARS OF HANDLING DIVORCES IN VIRGINIA

Virginia divorce attorneys of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia. Our Virginia divorce lawyers have litigated cases in both the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts which hear family law matters. Our Virginia divorce lawyers have five offices in Virginia to better serve you. We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia.

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas;
• In the Richmond Metro area, our office is in Fredericksburg & Richmond;
• In the Hampton Roads/Tidewater Area, our office is in Virginia Beach;
• In the Western part of Virginia, our office is located in Lynchburg.

If you wish to consult a SRIS, P.C. Virginia divorce attorney, please simply contact us via e-mail, phone, or by filling out or on-line form. A Virginia divorce lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia divorce.

The best piece of advice a Virginia divorce lawyer can give a client is to try and reach a divorce settlement without the intervention of the court. The main reason for this advice is because a divorce in Virginia can be VERY expensive and should be used only when the spouses are unable to come to an agreement.

The Circuit Courts of Virginia decide issues of divorce, property division, maintenance, support and custody. After the court hears evidence of the specific facts of the case, it will decide these issues based upon Virginia statutes and precedent cases.

Generally, the following is how the Virginia divorce process takes place: Each person hires a Virginia divorce lawyer to handle the divorce. Whether the Virginia divorce lawyer is going to negotiate a settlement or present a case to the court, the Virginia divorce attorney must be knowledgeable and experienced so as to ensure, that the client gets the benefit of all the law has to offer. The divorce lawyer represents only one spouse in the traditional attorney-client relationship that may involve litigation or result in a negotiated settlement.

The Virginia divorce lawyers of SRIS, P.C. have extensive knowledge in business valuation and dissolution, pension and retirement benefits, valuation of advanced degrees and licenses, child support and custody arrangements.

The laws of equitable distribution of marital property in Virginia are complex, dynamic and constantly changing. Before agreeing to a property settlement in Virginia or before asking a Virginia divorce court to divide property, it is very important to conduct financial disclosure to determine how and when the specific property and all other assets were acquired. This is done either through an informal or formal discovery process in Virginia. When discovery is done correctly, it is possible to find assets hidden by the other spouse, evidence of an adulterous affair, etc. Unfortunately, the discovery process in Virginia can be very time consuming and costly. The client should always weigh the costs of doing discovery versus the benefit of such extensive discovery.

An experienced and skillful SRIS, P.C. Virginia divorce lawyer will help guide the client through the maze of the laws and disclosure devices which may affect the client’s financial rights, obligations and the division of property.

To obtain a general overview of divorce laws, please click here

To learn more about the laws pertaining to divorce laws in Maryland or Massachusetts, please click on the state.

Some of the Virginia Divorce laws as stated by a Virginia Divorce Lawyer are below. Click on Virginia Divorce Laws to learn more:

• Grounds for divorces from bed and board in Virginia
• Grounds for divorce from bond of matrimony in Virginia; contents of decree
• Divorce from bond of matrimony after a Virginia divorce from bed and board
• Merger of Virginia decree for divorce from bed and board with decree for divorce from bond of matrimony
• Decree of divorce in Virginia without amended bill or amended cross-bill

FAQ’s for Virginia contested divorces:

• Are There Different Types of Divorce in Virginia?
• “At Fault Divorces” – What’s required in Virginia?
• Does Virginia Have “No Fault” Divorce?
• How Is The Property Of Divorcing Parties Distributed in Virginia?
• How Is Spousal Support Determined in Virginia?
• Child Custody – How Is That Determined in Virginia?
• How Is Child Support Calculated in Virginia?
• What is a Property Settlement Agreement in Virginia?

Our Virginia divorce attorneys and staff in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach speak the following languages in addition to English: Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

Although our Virginia divorce lawyers are licensed to practice in Virginia, Maryland & D.C., our Virginia divorce attorneys represent clients with divorces cases in Virginia only.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

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VIRGINIA DIVORCE QUESTIONS ANSWERED

BY VIRGINIA DIVORCE LAWYERS

Virginia divorce attorneys of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia. Our Virginia divorce lawyers have litigated cases in both the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts which hear family law matters. Our Virginia divorce lawyers have five offices in Virginia to better serve you. We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia.

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas;
• In the Richmond Metro area, our office is in Fredericksburg & Richmond;
• In the Hampton Roads/Tidewater Area, our office is in Virginia Beach;
• In the Western part of Virginia, our office is located in Lynchburg.

If you wish to consult a SRIS, P.C. Virginia divorce attorney, please simply contact us via e-mail, phone, or by filling out or on line form. A Virginia divorce lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia divorce.

Virginia Divorce Code § 20-95. Grounds for divorces from bed and board in Virginia

A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Virginia Divorce Code § 20-91. Grounds for divorce from bond of matrimony in Virginia; contents of decree

A. A divorce from the bond of matrimony in Virginia may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) Repealed.
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
(4), (5) Repealed.
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) Repealed.
(9)(a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad liter to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce herein before entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or§ 20-95.
B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to§ 46.2-342.

Virginia Divorce Code § 20-117. Divorce from bond of matrimony after divorce from bed and board

The granting of a Virginia divorce from bed and board shall not be a bar to either party obtaining a divorce from the bonds of matrimony on any ground which would justify a divorce from the bonds of matrimony if no divorce from bed and board had been granted, unless the cause for absolute divorce was existing and known to the party applying for the divorce from the bonds of matrimony before the decree of divorce from bed and board was entered.

Virginia Divorce Code § 20-121. Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony

In any case where a Virginia decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days’ notice thereof. No final decree for divorce entered in such a case shall terminate or otherwise affect any restraining order, or order for the payment of costs, counsel fees, support and maintenance for a spouse or child or children except as specifically provided in such decree. The provisions of this section shall apply to the divorces from bed and board, which have been heretofore granted.

Virginia Divorce Code § 20-121.02. Virginia Decree of divorce without amended bill or amended cross-bill

In any Virginia divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party’s favor grounds for a divorce from the bonds of matrimony under § 20- 91 (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 (9) without amending the bill of complaint or cross-bill.

Virginia Divorce Code § 20-121.2. Validation of absolute divorce granted where no decree from bed and board

Any absolute divorce granted in this Commonwealth of Virginia under circumstances in which the bill of complaint prayed for a divorce from bed and board with leave to merger the same into an absolute divorce at the end of the statutory period and in which the decree of absolute divorce was entered with no decree from bed and board because the statutory period elapsed prior to the entry of said decree, is hereby validated, provided such divorce proceeding was otherwise conducted according to law.

Virginia Divorce Code § 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board

In any case where willful desertion or cruelty is the ground for divorce in Virginia and the bill of complaint prays for a divorce from bed and board the court may enter a decree of divorce from the bonds of matrimony without the entry of a decree from bed and board if the statutory period, as set out in § 20-121, has elapsed prior to the entry of said decree and if the court shall be of the opinion that no reconciliation has taken place, or is probable.

Our clients frequently ask us questions about divorce in Virginia. The following are some of the issues asked about:

Getting Divorced in Virginia – The Commonwealth of Virginia Divorce Laws

Are There Different Types of Divorce in Virginia?

Yes – there are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). This is what’s known as a “qualified” divorce, meaning the parties are legally separated – but during the term of this qualified divorce they may not remarry.

The second type of divorce in Virginia is called “a vinculo matrimonii” (divorce from the bonds of marriage). This type of divorce is the most common and is “absolute” – meaning once granted – the marriage is permanently ended. The former partners are free to marry again if they so choose. Everything following is based on this absolute divorce.

There are as many reasons for people seeking a divorce in Virginia as there were for getting married in the first place. We won’t get into the personal aspects of divorce, except to say that old adage “Marry in haste, repent in leisure” is as true today as it was when first penned.

“At Fault Divorces” – What’s Required?

In Virginia, there are many grounds for granting a “for fault” divorce. Some of these grounds include: Willful desertion or abandonment, cruelty, adultery (and other sexually related acts), or conviction of a felony. However, the spouse being sued for divorce in Virginia can raise “defenses” to these grounds, in order to alter, refute or mitigate the “for fault” charges.

Does Virginia Have “No Fault” Divorce?

Yes, The Commonwealth of Virginia permits “no fault” divorce. But certain requirements must be met in order to receive such a divorce. The divorcing couple must demonstrate they’ve lived apart – both continuously and intentionally – for a period of at least one year.

There is an exception to this Virginia No fault Divorce Law. If no minor children are involved, and the parties have entered into a property settlement agreement, the time of separation required is reduced to six months before a no-fault divorce can be granted.

Property Distribution Of Divorcing Parties in Virginia

One of the most complex areas of Virginia divorce law relates to the distribution of property. The method of distribution used in Virginia is called “equitable distribution.”

In Virginia, equitable distribution usually is determined at the conclusion of the divorce proceedings. This distribution determines the relative rights and interests of the divorcing parties in property acquired before, during or even in some cases after the marriage. Virginia sorts the property under three classifications to determine who gets what.

How Property is Sorted Under Virginia Divorce Law

In Virginia, there’s “Marital Property” “Hybrid Property” and “Separate Property.”

Determining the parties property rights is a complex and many times difficult and painful task. It’s also one major area fraught with ill-will and animosity. Skilled and aggressive legal representation is essential in achieving an equitable, fair and desired outcome. Many times one spouse is so distraught, they literally are not thinking straight. Competent representation insures all options are thoroughly investigated – without one party being taken advantage of over the other.

(Just listen to the many country and western songs about this very topic. I’m sure you remember one of the most famous: “She got the mine and I got the shaft.” That’s one good reason why having a skilled divorce attorney is so vitally important!)

Alimony in Virginia: How Is Spousal Support Determined?

Another complex area of Virginia divorce law requiring thorough and careful legal representation is spousal support – or more commonly known as alimony. In Virginia, spousal support may be awarded to assist a financially dependent party depending upon circumstances.

Such awards vary greatly, and are based on a host of factors. Age, duration of the marriage, earning potential, assets, and marital history all play a part in the support settlement. Unlike in former days, it’s now common for spousal support in Virginia to be awarded to either the woman or the man.

It’s imperative to get a fair judgment right at the beginning, because changing the support schedule later on down the road after the divorce is finalized is a costly and difficult affair.

Child Custody in Virginia – “The Best Interests Standard”

Along with property distribution, the custody of minor children is often the most contentious and heart wrenching in divorce and other family law matters.

In Virginia, the Court is guided by the “best interests of the child” legal standard in determining who gets custody. The legal elements and factual factors are oftentimes complex and lengthy. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also decide visitation rights.

Here’s the text from the appropriate Virginia Statutes: Paragraph 20-124.2. Court-ordered custody and visitation arrangements.

“The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”

In joint legal custody, both parents share the access to educational, health, and other records. Both also have equal footing in making decisions where the welfare of the child is concerned. There is also joint physical custody – which can be somewhat different.

An experienced Virginia divorce attorney will be able to spell out each type of custody and what that means for both the parents and the children.

Calculating Child Support

In Virginia, child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia’s statutory support guidelines. Again this a complex area – and one where the help of a lawyer is in everyone’s best interests.

Property Settlement Agreements in Virginia Divorce Cases

A Property Settlement Agreement (PSA) is a legal contract between the divorcing parties. The PSA is a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party’s rights.
The First Step To Take When Facing The Prospect Of A Divorce Or Other Family Law Issue

We’ll be quite frank: The complexity and high stakes nature of divorce and other family law matters in Virginia require skilled and experienced legal representation. If you are contemplating divorce, or have already been served with divorce papers, an initial consultation is the absolute minimum step you should take. Then you’ll know what your rights are, and more importantly – how to protect them.

We understand that divorce is a trying, difficult and painful time. But believe us when we say: It’ll be even more difficult after the divorce is over and you’re left with not only the heartbreaks – but the short end of the financial and custody stick as well.

The following are some of the different holdings by the appellate courts of Virginia regarding divorce in Virginia. Clients should be aware of these holdings so that they may be better informed about some of the legal ramifications about obtaining a divorce in Virginia.

• The Virginia Courts have long held that divorces granted in another state should be recognized as a valid divorce under the full faith and credit clause of Federal Constitution. An example of this can be found in the case of Humphreys v. Humphreys, 139 Va. 146, 123 S.E. 554, Va. 1924., June 12, 1924. The Humphreys Court held the following: Validity of foreign divorce should not be denied by courts except where to recognize such divorce would be violation of morals or public policy of state.
• Virginia requires the party alleging adultery by the other spouse to prove it by clear and convincing evidence. In Haskins v. Haskins, 188 Va. 525, 50 S.E.2d 437, Va. 1948, November 22, 1948, the Court held that a charge of adultery as ground for divorce is not required to be proved beyond a reasonable doubt as in a criminal proceeding, but evidence must be at least clear and positive and convincing.
• If a husband and wife contract via property settlement agreement as to the support and maintenance, then the court will uphold the contract provided the contract was via a bona fide property settlement agreement. In Gloth v. Gloth, 154 Va. 511, 153 S.E. 879, Va. 1930, June 12, 1930, the Court held that in divorce suits, court had power to approve and confirm contract of parties as to property settlements and support and maintenance.
• A no fault divorce also known as a divorce based on irreconcilable differences does not prevent one party from seeking spousal support from the other party while the suit is pending. The Supreme Court of Virginia held in Mason v. Mason, 209 Va. 528, 165 S.E.2d 392, Va. 1969, January 20, 1969 that the fact that husband was granted divorce under ‘non-fault’ statutory provision entitling either spouse to divorce when they have lived separate and apart for two years did not preclude award of alimony to wife.

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Virginia Child Custody Lawyer

Do you need a Virginia child custody lawyer?

If you need a child custody lawyer in Virginia to help you with a child custody case in Virginia , then please contact our Virginia Child Custody Lawyers.

The SRIS Law Group Virginia child custody lawyers are extremely familiar with the Virginia child custody laws and have also handle many child custody cases in Virginia.

Our Virginia child custody attorneys go before the Virginia Circuit Courts & Virginia Juvenile & Domestic Relations District Courts regularly to represent our clients who have child custody cases pending in Virginia .

We have offices in Fairfax, Richmond, Virginia Beach & Lynchburg.

You can talk with a Virginia child custody lawyer today. Call us at 888-437-7747.

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