You may be surprised to know the impact Virginia family laws can have on your divorce
The complications involved in the divorce process in Virginia can often seem daunting.
The law specifies the meeting of certain requirements by the spouse in order to file for divorce in Virginia. An already complex divorce case in Virginia may get more complicated if children are present in the marriage.
If a couple intending to obtain a divorce have no children, then they are legally required under Virginia law to be separate from each other for a six month period. On the other hand, if the couple has children the separation period is one year. You are probably wondering what separation means. Separation requires the parties not to cohabitate with each other.
A separation agreement signed between the parties would define how the property is going to be distributed between the parties. In cases where the parties are unable to arrive at a separation agreement, the issue will be brought to court and the court will after considering the relevant factors will adjudicate the issues surrounding property division.
In most cases, the separation agreement includes provisions that state about how the future of the children is going to be dealt with. If the party intending to file for divorce meets the necessary requirements for a divorce, then such party may proceed to file a complaint in the court having jurisdiction. Such complaint should contain clauses stating that the parties has met the required residency requirements, should include details about the date and place of marriage, the children names, and dates of birth and should contain necessary information about the ground of divorce.
With divorce comes the complicated question of custody. Virginia custody laws make it clear that the best interest of the child is the paramount concern when addressing custody. Being awarded custody of the child means that the parent is allowed to reside with the child and care for the child. The parent to whom custody is awarded is termed as the custodial parent.
At times one parent is given sole legal custody of the child. Sole legal custody is the right to make major decisions for the child such as where the child should study, the standard of living in which the child is to be brought up, etc
In most cases, the above-mentioned decisions are taken by the parents after discussion but if there is some disagreement between the parents in decision making, the custodial parents’ preference usually becomes final. When considering the best interests of the child, the court considers the age, physical and mental state of child and parents, relationship of the child with friends and the parents’ role in the upbringing of the child.
Mr. Sris has over 20 years of experience dealing with the Virginia Family Laws