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Separation in Virginia

Separation in Virginia

In Virginia, a couple must be separated for one full year before filing for an uncontested divorce. You are not required to wait one year if you are filing a divorce on a fault grounds. Also, in Virginia, you can shorten the waiting period to six months if you have no children and have entered into a separation agreement. A separation agreement is not required to obtain a divorce in Virginia. However, many lawyers strongly recommend that...

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Equitable Distribution – Tips from a Family Law Attorney

Equitable Distribution – Tips from a Family Law Attorney

Equitable distribution is the division of marital property and debt. This includes everything purchased or earned by the parties during the marriage. All income by either party during the marriage is presumed to be marital, and so, all property purchased and accounts which have been built up are presumed to be marital as well. This also applies to any debt taken out during the marriage. Even though only one party may be contractually...

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Unknown Whereabouts of Spouse During Divorce – Tips from a Family Law Attorney

Unknown Whereabouts of Spouse During Divorce – Tips from a Family Law Attorney

In Virginia, a couple can file for divorce on an uncontested, or no fault, grounds if they have lived separate and apart for at least one full year. This means that neither party has to allege or prove a fault ground such as cruelty, abandonment or adultery. If the parties have entered into a separation agreement and have no children, then they are eligible to file for divorce after a six month separation. When filing an uncontested...

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Child Custody & Visitation – Tips from a Family Law Attorney

Child Custody & Visitation – Tips from a Family Law Attorney

There are so many things to consider when faced with separation or divorce. For most couples that have children under the age of 18, custody and visitation is one of the most important things to sort out. The primary question that must be addressed in determining child custody and visitation is, “What is in the best interest of the child?” When the parents of a child cannot get along with each other well enough to live in the same home...

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Child Support – Tips from a Family Law Attorney

Child Support – Tips from a Family Law Attorney

Child support is the money paid by a non-custodial parent to the primary caregiver to help offset the expense of raising and providing for the child. It is to be paid until the child is at least 18 years of age. If at the time the child turns 18 he or she has not yet graduated high school, is still fully dependent upon his parents for support, and still living with the custodial parent, then the obligation will continue until the child is...

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Alimony – Tips from a Family Law Attorney

Alimony – Tips from a Family Law Attorney

Also known as spousal support, alimony is ordered with the purpose to keep a party who has been financially dependent on a marital relationship in the lifestyle with which they have become accustomed. Traditionally, when most women did not work outside of the home and were solely dependent on their husband’s income, it served to protect them from poverty. The modern role of spousal support is to serve as an equalizing force between the...

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Separation Agreements – Tips from a Family Law Attorney

Separation Agreements – Tips from a Family Law Attorney

A separation agreement is a legally binding contract between a husband and wife that sets out the terms of their divorce. The separation agreement can set out child support, alimony, child visitation and division of property. The separation agreement, once filed with the court, has the effect of a court order and can be enforced with the Court’s contempt powers. Typically a separation agreement is signed by both parties after discussing...

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