Divorce in Virginia is governed by statute.  See Virginia Code Title 20, Chapter 6, which can be found here.  Common issues in a suit for divorce include equitable distribution, spousal support, child custody, and child support among others.   Grounds for divorce from bond of matrimony (what is commonly considered of as 'a' divorce) are set forth in Virginia Code § 20-91 and basically include:

• For adultery; or for sodomy or buggery committed outside the marriage;
• 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;
• On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months...

Grounds for divorce from bed and board are set forth by Virginia Code § 20-95 and such a divorce may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Information on many of the issues that arise during divorce are set forth below and we invite you to review the overviews provided.  However, it is almost always essential when seeking divorce that the advice of a qualified and experienced attorney be obtained.  Our attorneys can offer the advice and representation you will need so please contact our Downtown Lynchburg office if you are considering divorce or seeking information on divorce options.

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Spousal support is often an issue of utmost importance to our clients who are going through a divorce.  The determination of spousal support often depends on the court in which spousal support is determined and the nature of the hearing.  If temporary, or pendente lite, spousal support is being determined by a Juvenile and Domestic Relations District Court then a specific formula is applied to determine a presumptive amount of support.  See Virginia Code § 16.1-278.17:1.  The formula is set forth in section (C) of this statute:

• C. If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 28% of the payor spouse's monthly gross income and 58% of the payee spouse's monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 30% of the payor spouse's monthly gross income and 50% of the payee spouse's monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2, as amended.

However, the court may deviate from this amount in certain circumstances.  It is important to understand when a deviation may occur and only an experienced attorney can provide you with the information necessary to foresee how the matter of spousal support may best be handled in the Juvenile and Domestic Relations District Courts.  Our attorneys have the knowledge and experience necessary to work through these issues with you and to see that your interests are adequately represented in court.

An award of temporary and/or permanent spousal support is also often sought in the Virginia Circuit Courts as part of a divorce proceeding.  In these cases there is not a specific formula for the court to apply.  Instead the court considers a number of statutory factors when determining a spousal support award.  This process is generally provided for in Virginia Code § 20-107.1.  These factors are set forth in Section (E) as follows:

• E. 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 under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

1. 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;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties and any special circumstances of the family;

5. 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;

6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7. The property interests of the parties, both real and personal, tangible and intangible;

8. The provisions made with regard to the marital property under § 20-107.3;

9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;

10. 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;

11. 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;

12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Working through all of these factors in court and presenting them through evidence favorable to your case is often a big challenge.  It is also one of the most important challenges many face as part of the divorce process.   There is more to this process than can be covered in this brief overview thus it is imperative that you talk to a qualified attorney if spousal support will be an issue in your divorce.  Our attorneys have the knowledge and experience necessary to work through these issues with you and to see that your interests are adequately represented in court.

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The division of marital property by the court is referred to as "equitable distribution.  Equitable distribution is generally governed by statute.  Virginia Code § 107.3 sets forth the following factors as those to be considered by the court when deciding upon the division of marital property:

1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;

3. The duration of the marriage;

4. The ages and physical and mental condition of the parties;

5. 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;

6. How and when specific items of such marital property were acquired;

7. 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;

8. The liquid or nonliquid character of all marital property;

9. The tax consequences to each party;

10. 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

11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

There are a number of other considerations that also apply to marital distribution.  One of the trickiest is often the determination of what is and what is not "marital property" to begin with.  It is of utmost importance that you obtain the assistance of an experienced family law attorney if you must go through the equitable distribution process in Virginia.  Our attorneys have the experience and knowledge to ensure that your rights and needs are looked after as a part of such proceedings.

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Child custody and visitation is often the single most important issue in the lives of single, separated, or divorced parents.  It is also the most stressful and emotionally challenging issue that many of us will ever deal with.  Our attorneys are here to help you whenever a child custody issue arises whether pre- or post-separation or divorce or in the case of single parents seeking custody or modification of previous custody decrees.  The importance of a well presented case in custody proceedings cannot be overemphasized.  Please seek the assistance of qualified counsel whenever custody of your children is at issue.

Child custody proceedings in Virginia are governed by statute.  The basic approach for the determination of custody and visitation is set forth at Virginia Code § 20-124.3, which generally states that the guiding principle in such determinations is the "best interest of the child".  Here are the factors as set forth in the statute:

• 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. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. 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;

4. 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;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

6. 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;

7. 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;

8. 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;

9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and

10. Such other factors as the court deems necessary and proper to the determination.

As one can imagine, covering each of these factors thoroughly is a complex and detailed process.  Our attorneys have years of experience with custody and visitation cases and can help you put on the best case possible in order to see that the best interests of your child or children are met.  Please contact our Downtown Lynchburg office if child custody or visitation is an issue in your life.

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