Family law is an essential branch of the legal system that deals with family-related issues. While divorce is a prime example, family law includes other key issues such as custody, visitation, and child and spousal support, drafting marital agreements, prenuptial agreements, and adoption proceedings. If you have a family law case or have questions or concerns related to family law, contact an experienced Richmond family lawyer. The attorneys at Capital Family & Divorce Law Group are standing by to help.
What Does Divorce Involve?
Divorce, the terms of divorce, post-decree modifications, and child custody terms are common family law concerns in Richmond that an attorney could help with. Several basic terms must be addressed in every divorce case.
Child Custody Arrangements
Child custody arrangements include both physical and legal custody. Physical custody determines parenting time, or visitation. The state’s goal is to ensure frequent and ongoing contact between each parent and their children.
In comparison, legal custody establishes the parents’ decision-making authority regarding topics such as:
- The medical care the child receives
- Where the child goes to school or daycare
- The extracurricular activities and travel they participate in
- The child’s religious instruction
When it comes to child custody arrangements, state courts consider the best interests of the children, including their needs and each parent’s ability to meet these needs.
Child Support
Virginia has clear guidelines in place regarding child support. Generally, the parent with more limited visitation makes the child support payments. When parenting time is split evenly, however, the higher earner typically has the child support obligation.
The Division of Marital Property
Assets acquired during the marriage are considered marital, and in the event of divorce, they must be divided fairly. Separate assets refer to anything that either spouse owned before, and kept separate during, the marriage. These assets remain the separate property of the original owner, but any commingling of marital and separate property can blur the dividing line between them.
Spousal Support
When one spouse does not have the financial means to support themselves post-divorce and the other can help, the court could order spousal support. The longer the marriage lasted and the more significant the financial discrepancy, the more likely the court is to award spousal support.
Creating Marital Agreements
Our family lawyers in Richmond also address prenuptial and postnuptial contracts, also known as marital agreements. These are negotiated legal documents specifying the terms that will apply if the marriage ends in divorce. Property division and spousal support are often addressed in marital agreements. However, issues such as child custody and child support must be determined by the children’s best interests and generally cannot be resolved before the divorce.
Prenuptial agreements are created before marriage and become binding when the marriage takes place. Postnuptial agreements, however, are made during the marriage and become effective when signed by both spouses and notarized.
Navigating Adoption
Another important pillar of family law is adoption, which involves complex legalities that are best left in the capable hands of experienced family law attorneys in Richmond. The basic adoption process includes:
- Initial contact with the Adoption Resource Exchange of Virginia or an adoption agency
- Orientation
- Training
- Application
- Home study
- Selection
- Placement
- Supervision
- Legal procedures and finalization
While adoption is a huge responsibility, the rewards can be immense.
Family Violence and Protection Orders
Family violence—sometimes called family abuse—and domestic violence fall within the scope of family law. Someone in the victim’s family or household causing harm—or credibly threatening to harm—another member of the household is classified as perpetrating family violence. The harm can take the form of physical harm, sexual abuse, stalking, or forceful detention. In response, a family attorney in Richmond could help apply for emergency, temporary, and longer-term protection orders.
Talk to an Experienced Family Attorney in Richmond Today
A dedicated Richmond family lawyer at Capital Family & Divorce Law Group understands just how important the outcome of your family law case is to you and your children. Our team is well placed to implement our extensive experience to protect your rights and secure fair terms for you and your children. Learn more about what we could do to help by contacting or calling today.
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