Divorce is the dissolution of the marriage contract, and it is a complicated legal matter that will play a significant role in you and your children’s future. If you are either considering or facing a divorce, moving forward with the professional legal counsel of a Virginia Beach divorce lawyer on your side is the best way to help ensure that your parental and financial rights are well protected from the outset.
To file for divorce in Virginia, there is a separation requirement, and one of the following must pertain to your situation:
You can, however, begin the all-important negotiation process, which can take a considerable amount of time, before filing for divorce.
Your divorce will be unique to you and your spouse, but the terms that you must negotiate (or that the court will determine on your behalf) always include the following (as applicable):
Marital property refers to those assets that you and your spouse acquired as a married couple, and these assets are intended to be split equitably (or fairly) in the event of divorce. Fairly, however, does not necessarily mean straight down the middle, and the circumstances of your marriage will play a critical role in this division. That property that you and your spouse brought into the marriage and kept separate throughout will remain separate property, but the dividing line between separate and marital property can easily be blurred.
Your child custody arrangements will include both legal custody and physical custody, both of which can be either sole or joint. Legal custody refers to who will be making major decisions on behalf of the children, and physical custody refers to whom the children will be living with (and according to what schedule).
Child support is the court’s way of helping to ensure that both parents share financial responsibility for their children. These payments are calculated in accordance with state guidelines.
When one spouse will face a significant financial disadvantage upon divorce, and the other has the financial means to help, alimony (called spousal support in Virginia) may be awarded. Wide-ranging factors help determine both the duration and the amount of alimony when it is deemed appropriate.
The dedicated Virginia Beach divorce lawyers at Mahoney & Richmond, PLLC, understand the divorce challenges you face and are committed to employing their considerable skill in pursuit of divorce terms that support you and your children’s best interests. We’re here to help, so please don’t hesitate to contact us today.