Divorces in Virginia are regulated by an acknowledged set of laws. Any deviation from the prescribed directions can be recognized as a potential legal violation. Virginia divorce laws list down a definite set of provisions that stand as legal rights for a divorcing spouse. Virginia Family law attorneys have a thorough knowledge of these Virginia divorce laws. Commoners are not familiar with the requirements of the Virginia divorce laws at all times. But all separation-seeking spouses are advised to be acquainted with the basic Virginia divorce laws that are described below.
Grounds for the sought separation
Divorce Laws in Virginia
Not all dissolution requests are processed and approved. The Virginia divorce laws list down a recognized set of grounds that stand applicable for the processing of a separation request.
The following are some of the acknowledged grounds for a fault-based dissolution as per the Virginia divorce laws.
- Cruelty – If the defendant was found to be physically abused during the time of marriage. The Virginia divorce laws also prohibit cruelty aimed at a plaintiff by the household members of the defendant.
- Adultery – If the defendant was found to be in an illicit physical relationship with a person outside marriage. The Virginia divorce laws put forth a specific set of statutes to condemn adultery in any form. If the wife was found to be pregnant at the time of marriage with the child of a third party, the lawfully wedded husband is permitted to state the same as a ground for separation. If the husband bears a child with a third party within 10 months from the date of marriage, the wife is eligible to seek separation.
- Criminal conviction – If one of the marital parties was found to be convicted of a felony that subsequently resulted in 12 months of incarceration, the other partner can apply for dissolution.
- Desertion – If one of the spouses intentionally deserted the other for a specific period, the other marital party is eligible to file for a marital split-up.
- Incapability – The Virginia divorce laws observe incurable physical and mental incapability as a recognized ground for marriage dissolution.
Apart from the grounds mentioned above, the Virginia divorce laws acknowledge intentional concealment of crucial, highly consequential information as a valid ground for a marital breakup.
The welfare of the kid
Dissolution lawsuits in Virginia are usually prosecuted at a Circuit Court or Juvenile and Domestic Relations District court depending on the facts related to the case. The Virginia divorce laws consider the welfare of the ward as a regulating statute irrespective of the court at which the case is tried and heard. The enforced Virginia divorce laws provide no room for presumptuous baseless considerations. Every case is different and each parent possesses distinct characteristics and traits. Therefore, the Virginia divorce laws direct all judges to look into the individual factors and details of each child custody lawsuit before identifying the right guardian. The Virginia divorce laws specifically recognize a definite set of guidelines to regulate the identification of a potential custodian.
But the Virginia divorce laws allow certain relaxations for cases wherein the child considered possesses special needs.
Child support statutes
While determining the figures for child support, the judge would be required to analyze and assess various factors like the exact income of each spouse, the share of each parent in the decided figure of child support, etc. Each individual earns unique amounts of income and thus, not all parents can afford to pay high amounts for child support. The Virginia divorce laws do not ask the spouses to contribute equal amounts in all cases.
Spousal support is legally termed alimony. The Virginia divorce laws recognize no definite guidelines to regulate alimony. Virginia Family law attorneys usually follow a presumptive standard pattern while handling alimony cases.
The exact amount of alimony is decided using the following factors.
- The pending financial obligations of each parent.
- The monetary requirements and owned financial resources of each spouse.
- Retirement pensions, the share of jointly collected profits, and other potential sources of joint income for the couple.
- The living standards that were established during the period of marriage.
- The degree to which the physical, psychological, and age of spouses would affect their earning capacities eligibilities (if applicable).
- The contributions of each marital party. In this case, the Virginia divorce laws make it mandatory for the judge to analyze and evaluate both the monetary and non-monetary efforts made by each marital partner in smoothly running the household for the total years of marriage.
- The assets that are retained by each marital party. In this case, the divorce laws in Virginia permit the consideration of all real, personal, physical, and non-physical properties.
- A fair share of the jointly purchased/owned marital properties.
- The career graph of each spouse.
- The degree to which each of the spouses has contributed to the career growth and professional development of the other.
The VA divorce laws enforce spousal support provisions to ensure financial stability for each divorced spouse post-separation.
The divorce law in Virginia regulates property division by recognizing three different classifications of assets. The different classes of properties include marital, separate, and partly marital & partly separate.
The divorce laws in VA describe the different classes of assets as follows:
- Separate properties
Divorce law Virginia puts forth a set of statutes that are collectively identified as the characteristics of separate assets.
The statutes include:
- Assets that were purchased before the day of marriage.
- Properties that were personally inherited or obtained as gifts from a third party outside marriage.
- The revenue that was incurred as a result of selling the assets that were maintained as separate assets but eventually sold at any time during the duration of the marriage.
- The income received from renting a separate property.
The increase in the market value of a personally owned asset can also be regarded as a separate asset unless and until the witnessed increase in market value was due to the combined efforts of both spouses. Divorce in Virginia laws does not permit the division of separate assets during a divorce.
- Marital properties
Divorce in VA laws has acknowledged a definite set of aspects that describe the nature of marital assets.
- Properties that are registered under the titles of both the spouses.
- The assets that were jointly purchased by the spouses within the period of marriage.
Divorce laws Virginia acknowledge equitable distribution of marital properties at the time of separation.
Partly marital & partly separate: The VA divorce law recognizes the third class of properties under the title ‘partly marital & partly separate’. Any personal property that generated revenue or increased in market value due to the combined efforts of both spouses is said to come under this kind of property. The Virginia law of divorce enforces specific directions to regulate the division of these assets.
The Law Offices of SRIS, P.C. has been rated as one of the top-performing legal associations in Virginia. We have been offering effective legal services for the past 2 decades. The lawyers employed at the Law Offices of SRIS, P.C. are skilled and experienced in handling all kinds of dissolution. We have been bringing in favorable outcomes for all our clients. We create custom plans to maintain relevance and appropriateness in each of the cases we undertake.