Divorce Law, Child Custody, and Spousal Support

Example frontpage image

Divorce is the legal breakup of a marriage. Almost half of all U.S. marriages end in divorce. Like every major life change, divorce is stressful. It affects finances, living arrangements, household jobs, schedules and more. If the family includes children, they may be deeply affected.

It can be one of the most desparate and depressing times of anyone's life, yet it occurrs more and more frequently in society today. As a result anyone considering a divorce should consult with an attorney trained to deal with the complex issues surrounding divorce law. Ending a marriage may involve property rights and financial arrangements which can cause serious legal problems. The problems can be even more severe when children are involved.

Sometimes a marriage can be dissolved amicably, but more often than not, a divorce can turn into a very contentious battle where emotions can run very high. A cheating spouse involved in an adulterous affair can set a tone for a divorce that can be unworkable. It is important to have a divorce lawyer who can remain detached from the emotional baggage that can disrupt a divorce. Know your rights. Use this site to find an attorney who can guide you through the difficulties associated with a divorce and help you get everything you desrve.

Financial Considerations

Divorce creates many kinds of stress for all those involved. Potential exists for serious financial stress. Even when resources are adequate, and especially when they are limited, careful planning can enable individuals to make the best of their financial situation and avoid costly errors as they move forward after divorce.
As you build a new life during and after a divorce, you will find that taking control of your income and expenses will pay off financially. It also will help you build selfconfidence, feel secure, and be proud of the decisions you are making. By keeping financial stress to a minimum, you can give energy and attention to other important areas of your life.

 

Grounds for Divorce in Virginia

Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to “merge” the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated.

The law requires that “grounds” (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the husband and wife agree that a marriage should end. These grounds are briefly described below.
Divorce from Bed and Board

a. Willful desertion or abandonment

Desertion or abandonment requires both the breaking off of cohabitation and an intent to desert in the mind of the offender. A mere separation by mutual consent will not be considered desertion by either spouse. Further, if one spouse leaves because the other has committed acts that legally amount to cruelty, then the spouse who leaves is not guilty of desertion. In fact, the spouse who leaves may be awarded a divorce on the ground of cruelty or constructive desertion.

If desertion grounds exist, a suit for a divorce from bed and board may be filed with the court immediately after the separation. If the desertion continues for more than one year from the date the parties originally separated, then the desertion is sufficient to constitute a ground for divorce from the bond of matrimony.

b. Cruelty and reasonable apprehension of bodily harm

Cruelty authorizing divorce requires acts that tend to cause bodily harm and render the spouses' living together unsafe. Mental cruelty alone is not normally a ground for divorce in Virginia. However, if the conduct is such that it affects and endangers the mental or physical health of the divorce-seeking spouse, it may be sufficient to establish grounds for divorce.

Cruelty constitutes the basis for a divorce from bed and board and can be filed immediately after the parties separate. After one year has elapsed from the time the act(s) of cruelty were committed, grounds will exist for a divorce from the bond of matrimony.
Divorce from the Bond of Matrimony

a. Separation divorce—the “No Fault” divorce

While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require “fault” grounds for a divorce to be granted. A “no fault” divorce from the bond of matrimony may be awarded upon a showing that for more than one year the husband and wife both intended to and have continuously lived separate and apart without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months.

Although separation provides a “faultless” ground for divorce, fault may still be an issue when spousal support (alimony) is being sought. Further, a judge is free to award a divorce on fault grounds even though “no fault” separation grounds exist.

b. Adultery, sodomy, or buggery

Proving adultery is very fact-specific. The evidence must be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person. While there must be some corroboration of the testimony of a spouse to prove adultery, “eyewitness” testimony as to the adulterous acts is not required. In fact, most cases of adultery are proven without eyewitness testimony by using other evidence of the circumstances involved. Sodomy is a sexual act, other than intercourse, such as oral or anal sex. To be grounds for divorce, it must be committed with someone outside the marriage. Buggery is bestiality or a sexual act against nature. The standard of proof for these grounds is the same as that for adultery.

The “guilty” spouse has a number of “defenses” to the charge of adultery, sodomy or buggery. If the guilty spouse can successfully establish any one of these defenses, then a divorce will not be awarded on these grounds.

Defenses include:

* Condonation. The innocent spouse has “condoned” or legally forgiven the offending behavior by voluntarily cohabiting with the guilty spouse after learning of the adultery, sodomy or buggery.
* Procurement/Connivance. The innocent spouse has actively encouraged or facilitated the other spouse in committing the adultery, sodomy or buggery.
* Recrimination. Proof that the accusing spouse is also guilty of one of the “fault” grounds for divorce.
* Time Barred. If the adultery, sodomy or buggery occurred more than five years before bringing of the suit for divorce, then a divorce will not be granted on these grounds.

c. Conviction of a felony

If the husband or wife has been convicted of a felony, sentenced to confinement for more than one year and is in fact confined, then the other party has grounds for a divorce from the bond of matrimony as long as he or she does not resume cohabitation with the guilty spouse after knowledge of the confinement.
Annulments

Unlike a divorce which dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody, support and alimony. Annulments are granted only in limited circumstances such as a marriage entered into because of fraud, duress or coercion. An annulment cannot be granted merely because the marriage is of short duration, and annulments are normally not granted for “religious” reasons.

Fees Associated with a Divorce in Virginia

The fees associated with the filing of a divorce case are:

All fees are payable to the Clerk of the Circuit Court by cash, check or money order. For more information, or for answers to specific questions, we suggest you review the Code of Virginia and contact a lawyer.

Winchester, VA News

Metropolitan News » Winchester News

Handley Regional Library Celebrates 100 Years with Book

  Help the Handley Regional Library celebrate a century of service. To mark the upcoming 100th anniversary of Handley Regional Library in 2013, the library will publish a beautiful 250-page, full-color, hard-back book. All profits from book sales will be used for special centennial projects and for library operations. Slated for publication in November 2012, [...]

Rates for Autopark to Increase February 1st

As of February 1, 2012, the Winchester Parking Authority will implement new parking rates at the four downtown autoparks. The hourly rate will stay the same at $0.50; however, the daily maximum for hourly parkers will increase from $4.00 to $10.00. For example, to reach the $10 daily maximum rate, a vehicle would need to [...]

City Begins Discussions About Minor League Baseball

The Winchester Economic Development Authority (EDA) has completed a feasibility study concerning recruiting a minor league baseball team and constructing a new stadium in the City of Winchester.  The EDA has requested that Council approve a conveyance of park land (approx. 12 acres in the northeast corner of Jim Barnett Park near I-81 and Cork [...]

Frederick County Accepting Bids for Sale of Old Gainesboro Elementary School

The Frederick County Board of Supervisors, pursuant to Section 15.2-1800, Code of Virginia, is seeking bids for the sale of the county property and buildings comprising the former Gainesboro Elementary School which is comprised of approximately 5.5 acres. The property will be sold as is, together with all appurtenances and rights of way belonging thereto. [...]

Wolf Trap Sues Local Arts Center Over Use of ‘The Barns’

The Wolf Trap Foundation, based in Vienna, Virginia has filed suit in Federal court in Alexandria, claiming trademark infringement against a tiny not-for-profit organization more than 50 miles and two counties away asserting that their use of “The Barns of Rose Hill” in Berryville will confuse Wolf Traps patrons. Berryville sits west of the Blue [...]

Wolf Trap Foundation Sues Tiny Arts Center in Rural County Over the use of ‘Barns’

The Wolf Trap Foundation, based in Vienna, Virginia has filed suit in Federal court in Alexandria, claiming trademark infringement against a tiny not-for-profit organization more than 50 miles and two counties away  asserting that their use of “The Barns of Rose Hill” in Berryville will confuse Wolf Traps patrons. Wait, what? Berryville sits west of [...]

Route Changes to Winchester Transit Scheduled to Begin Feb. 6

In an effort to improve customer service to City transit passengers, there will be minor changes made to the Berryville Avenue bus line. This route change will take place beginning February 6, 2011. BERRYVILLE AVENUE The Berryville Avenue route will now include a stop at Jim Barnett Par at the War Memorial Building. The route [...]

First Term Delegates from Northern Va Introduce Land Conservation Legislation

RICHMOND, VA- Delegate J. Randall Minchew (R-10) and Delegate Michael J. Webert (R-18), have jointly introduced legislation to promote greater use of land conservation and open space easements by reducing the business uncertainty associated with land conservation tax credits. The bill, HB 908, Delegates Minchew and Webert offered provides that a charitable open space easement [...]

LFCC Recognizes Community Members with “Walking King’s Talk” Awards

Middletown, VA – Lord Fairfax Community College (LFCC) held its annual Martin Luther King, Jr. Celebration today at noon.  Event speaker was Easton McDonald, the President of the National Association for the Advancement of Colored People (NAACP) for Clark and Frederick Counties and the City of Winchester.  Sponsored by the Student Activities Office, the event [...]

Winchester Police Department Captain Graduates from FBI National Academy

The Winchester Police department is proud to announce that Capt. Kelly Rice, Commander of the Administration Division, graduated from the FBI National Academy on December 16, 2011, at the FBI Academy in Quantico, Virginia. Capt. Rice was in a class with two hundred sixty-one other law enforcement professionals from 49 states and 25 international countries. [...]