If you have made the difficult decision to obtain a divorce, have filed for divorce, or have received divorce papers, you are facing a number of complex issues. A divorce will affect your parental rights, the division of your marital property, and other important financial rights and responsibilities.
Hiring an experienced Colonial Heights divorce lawyer at the outset of your case could make a serious difference in its outcome. One of the skilled attorneys at Capital Family & Divorce Law Group could discuss your situation with you and devise ways to protect your interests.
While it is possible to obtain a fault-based divorce under Virginia law, most of the commonwealth’s divorce cases are no-fault. At-fault divorces are predicated on spousal wrongdoing, including abandonment, adultery, and cruelty. Fault-based divorces are contested, with the court weighing factors and considering evidence to determine custody, visitation, child support, equitable distribution of marital property, and spousal support if the parties have not reached an agreement as to one or more of these issues.
As a Colonial Heights attorney could explain, no-fault divorces involve various separation requirements. For example, the spouses must live separately and apart for at least a year before obtaining a divorce if they have children under age 18. If the divorcing spouses do not share minor children, the separation requirement is only six months long if they have a signed marital property settlement agreement.
To obtain a divorce, the spouses must resolve whatever issues apply to them, including:
If the parties are able to negotiate the terms of their divorce, they can avoid the court’s intervention in the above matters. Trusted guidance from the Colonial Heights spouses’ respective divorce attorneys could facilitate the negotiation process. Mediation can also help keep the case out of court.
If the parties are unable to reach an agreement on one or more terms, the case will go to trial. The divorcing spouses will depend on their lawyers to advocate for their rights and achieve the best outcome.
Virginia law addresses child custody in terms of physical and legal custody. Legal custody assigns decision-making authority for these matters:
Physical custody establishes how many overnights per year the children have with each parent. Virginia law focuses on the children’s best interests. It encourages spouses to make custody arrangements that maximize the amount of time the children spend with both parents.
Each parent must continue supporting their children financially after a divorce. Virginia law has child-support calculation guidelines. Their primary considerations include each parent’s monthly gross income and the amount of parenting time each spouse receives under an applicable visitation agreement or Order. If one parent is the primary custodian, the minority custodial parent generally must pay child support.
Assets that the spouses acquired together or separately during their marriage are marital property. In a divorce, these assets must be divided equitably between the two parties. This is not necessarily an equal division. Instead, the fair distribution of marital property is based on the specific circumstances of the divorcing couple’s marriage.
Separate property refers to assets that one spouse owned before the marriage, kept separate from marital property, and did not enhance the value using marital assets or income. The commingling of separate and marital assets can significantly blur the distinction between them.
Under Virginia law, there is no universal expectation of spousal support in divorce cases. When one spouse made sacrifices to their career and income earning potential during the marriage, does not have the means to maintain a standard of living similar to the one they enjoyed during their marriage after a divorce, spousal support may be ordered. A primary concern is whether the spouse who provides the support can afford to make the payments.
A well-respected Colonial Heights divorce lawyer at the Capital Family & Divorce Law Group of Price Benowitz LLP could guide you smoothly through the divorce process and use their skills to try to negotiate advantageous terms for you. The firm’s lawyers are eager to serve as your advocates. Call them today to schedule a consultation.
DC Family Lawyers | Capital Family & Divorce Law Group
N/aCopyright © DC Family Lawyers | Capital Family & Divorce Law Group, 2025 | All rights reserved.