Divorce/Dissolution of Marriage
Divorce in America follows the laws of the state where it takes place, with each state setting its own rules. Divorce, also called the “dissolution of marriage,” ends a marriage legally, restoring both spouses to single status and allowing them to remarry. Our divorce lawyers in Virginia Beach guide clients through this process, helping resolve issues such as spousal support, child custody, child support, property distribution, and debt division.
In Virginia you may obtain either a fault-based divorce, or a divorce on “no-fault” grounds. A “no-fault” divorce may be obtained by either(1) having lived separate and apart for at least one year, or (2) if you have no children, have a signed separation agreement, and have been separated for at least six months.
In Virginia Beach, legal separation can be relatively straightforward. Courts in the Hampton Roads area recognize a legal separation when spouses live apart, including sleeping in separate spaces, with the intent to make the separation permanent. Consulting an experienced divorce lawyer in Virginia Beach ensures your rights remain protected throughout the process.
Equitable Distribution
Virginia courts divide assets and debts accumulated during the marriage fairly but not necessarily equally. They consider factors such as each spouse’s contribution to the marriage, the value of assets, tax and economic consequences, and the parties’ needs amongst other items.
Court Determination
A court usually determines the terms of a divorce but considers prenuptial or postnuptial agreements. Couples can privately agree on divorce terms, and the court approves the final agreement. Couples often reach agreements through mediation or alternative dispute resolution. If spouses agree on terms before filing, they can pursue an uncontested divorce, which tends to be faster, more amicable, and less expensive than contested cases.
Regarding Children
Virginia has a strong interest in ensuring children receive proper care and stability. Courts will consider the best interests of the child when deciding how to award custody and visitation to parents. Items to consider include distance between the parties, the needs of the child, the roles that each parent has played in the child’s lives, etc. The statute that covers this in Virginia is Virginia Code 20-124.3.
Fault Divorce
In a fault divorce, one spouse proves the other caused the marriage to fail due to misconduct, such as cruelty, abandonment, or adultery, to name a few. A fault based divorce may be filed prior to the one year separation date and allows the Court to decide some of the bigger-ticket items like custody or who stays in the house on a temporary basis. This type of hearing is called a “pendente lite” (“pending the litigation”) hearing.
No Fault Divorce
In a no fault divorce, neither spouse must prove misconduct. As mentioned above, in Virginia a no fault divorce may be obtained by either (1) having lived separate and apart for at least one year, or (2) if you have no children, have a signed separation agreement, and have been separated for at least six months.
Other Issues
The possible issues needed to be addressed in divorces include: division of property and payment of debts, child custody and support, maintenance (spousal support), child visitation and attorney’s fees.
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