Virginia

Marriage & Family Law Home

How is an Alimony Proceeding Handled?

In the state of Virginia, during a proceeding for dissolution of marriage or legal separation, or following said proceedings, a court may grant a maintenance order to either spouse if it finds the spouse seeking maintenance to be in need. Maintenance support is also known as alimony. Several factors decide whether or not the individual receives support, how much support they receive, how often they receive it, and for how long the support must continue.

Factors that go into whether or not the spouse receives support include, but are not limited to:

• If the spouse seeking support lacks sufficient property, including marital property distributed to the spouse in the divorce proceedings, to provide reasonable needs of the spouse with the standard of living established during the marriage taken into consideration.


....... Click here to get more info on Alimony

How is Child Support Established?

Whether a party has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding.

The sole custody total monthly child support obligation shall be established by adding:

• the monthly basic child support obligation



• costs for health care coverage



• work-related child-care costs and taking into consideration all the factors set forth. The total monthly child support obligation is divided between the parents in the same proportion as their monthly gross incomes bear to their monthly combined gross income.

Any adjustment to gross income cannot create or reduce a support obligation to an amount that would impair the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court. ....... Click here to get more info on Child Support

How does a Custody Proceeding Work?

Such order directing a party to provide a copy of such custody or visitation order shall further require such party, upon any subsequent change in the child's school enrollment, to provide a copy of such custody or visitation order to the new school at which the child is subsequently enrolled within three business days of such enrollment.If the court determines that a party is unable to deliver the custody or visitation order to the school, such party shall provide the court with the name of the principal and address of the school, and the court shall cause the order to be mailed by first class mail to such school principal.Nothing in this section shall be construed to require any school staff to interpret or enforce the terms of such custody or visitation order.In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:1. ....... Click here to get more info on Custody

What are the Grounds for Divorce?

In Virginia a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery/sodomy/buggery committed outside the marriage



• subsequent conviction of felony and confined for more than one year without cohabitation following confi ....... Click here to get more info on Divorce

How are Visitation Rights Requested?

Virginia law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:

• The parent's’ and child’s wishes as to custody



• The interaction and relationship between the child and both parents, any siblings, and any other person who significantly affects the child's best interests



• The child's adjustment ....... Click here to get more info on Visitation

How Does Property Division Work?

Under Virginia law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division