Virginia Divorce Laws And Resources
The following information is a resource on Virginia divorce law and related services. You can find relevant divorce laws, locate lawyers, access divorce forms, and use the child support calculator. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceSeparation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Child Support Calculator Child Support Division |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
DIVORCE LAWYERS AND FIRMS
Law Office of Ronald A. Robinson
9300 Forest Point Circle
Manassas, Virginia 20110
(703)490-4253
Livesay & Myers, P.C.
1315 Jefferson Davis Hwy
Fredericksburg, Virginia 22401
(540) 370-4140
Fax: (703) 997-3020
Livesay & Myers is a family law firm dedicated to providing diligent representation and personal attention to our clients. As our lead family law attorney is a former Navy JAG, we specialize in military divorce cases. Livesay & Myers has offices in Fredericksburg and Woodbridge.
Website: http://www.lawyers-virginia.com/
email:
Need a Divorce Lawyer?
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Virginia. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Virginia divorce form preparation today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
VIRGINIA DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
Virginians Against Domestic Violence
VIRGINIA DIVORCE LAW
Code of Virginia - Domestic RelationsOverview of Divorce in VA
Residency Requirements and Where to File: To file for a divorce, one of the parties must be and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit. The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims. [Based on Code of Virginia, Title 20, Section 20-96]
Legal Grounds For Divorce: A divorce may be granted on the following grounds in Virginia:
- Living separate and apart without any cohabitation and without interruption for one year. If there are no children of the marriage, the time limit is six months.
- Adultery;
- Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
- Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. [Based on Code of Virginia, Title 20, Section 20-91]
Mediation or Counseling Requirements: The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. [Based on Code of Virginia, Title 20, Section 20-103]
Dividing Marital Property: Virginia is an equitable distribution state, meaning that if the parties can't agree, the marital property will be distributed in an equitable fashion, not necessarily equally. The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors:
- The contributions, monetary and non-monetary, of each party to the well-being of the family;
- The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
- The duration of the marriage;
- The ages and physical and mental condition of the parties;
- The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
- How and when specific items of such marital property were acquired;
- The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
- The liquid or non-liquid character of all marital property;
- The tax consequences to each party;
- The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
- Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.
Separate property is (1) all property, real and personal, acquired by either party before the marriage; (2) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (3) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (4) that part of any property classified as separate property. [Based on Code of Virginia, Title 20, Section 20-107.3]
» Return to top
Alimony / Spousal Support / Maintenance: The court, in its discretion,
may decree that maintenance and support of a spouse be made in periodic payments
for a defined duration, or in periodic payments for an undefined duration, or in
a lump sum award, or in any combination thereof. The court, in determining
whether to award support and maintenance for a spouse, shall consider the
circumstances and factors which contributed to the dissolution of the marriage,
specifically including adultery and any other ground for divorce. In determining
the nature, amount and duration of an award pursuant to this section, the court
shall consider the following:
- The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and physical and mental condition of the parties and any special circumstances of the family;
- The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
- The contributions of each party to the well-being of the family;
- The property interests of the parties, both real and personal, tangible and intangible;
- The provisions made with regard to the marital property division;
- The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
- The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
- The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
- The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
- Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
[Based on Code of Virginia, Title 20, Section 20-107.1]
Legal Name Change: Upon decreeing a divorce from the bond of matrimony the court shall, on motion of a party who changed his or her name by reason of the marriage, restore such party's former name or maiden name by separate order meeting the requirements of § 8.01-217. [Based on Code of Virginia, Title 20, Section 20-121.4]
» Return to top
Virginia Child Custody Laws: In determining custody, the court shall give primary
consideration to the best interests of the child. The court shall assure minor
children of frequent and continuing contact with both parents, when appropriate,
and encourage parents to share in the responsibilities of rearing their
children. As between the parents, there shall be no presumption or inference of
law in favor of either, and the court may award joint custody or sole custody.
In determining best interests of a child for purposes of determining custody or
visitation arrangements, the court shall consider the following:
- The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
- The age and physical and mental condition of each parent;
- The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
- The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
- The role that each parent has played and will play in the future, in the upbringing and care of the child;
- The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
- The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
- The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
- Any history of family abuse; and
- Such other factors as the court deems necessary and proper to the determination.
[Based on Code of Virginia, Title 20, Section 20-124.2 and 124.3]
» Return to top
Child Support: Virginia uses the "Income Shares" model as
the base for determining child support. This method bases the level of
support on the combined income of both parents. There shall be a rebuttable presumption in any
judicial or administrative proceeding for child support, including cases
involving split custody or shared custody, that the amount of the award which
would result from the application of the guidelines set out in § 20-108.2
is the correct amount of child support to be awarded. In any proceeding on
the issue of determining child support, the court shall have the authority to
order a party to provide health care coverage for dependent children if
reasonable under all the circumstances and health care coverage for a spouse or
former spouse. In any proceeding on the issue of determining child support, the
court shall have the authority to order a party to (1) maintain any existing
life insurance policy on the life of either party provided the party so ordered
has the right to designate a beneficiary and (2) designate a child or children
of the parties as the beneficiary of all or a portion of such life insurance for
so long as the party so ordered has a statutory obligation to pay child support
for the child or children. [Based on Code of Virginia, Title 20, Section 20-108.1]
Premarital Agreement: A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage. [Based on Code of Virginia, Title 20, Section 20-149] » Return to top
