Va divorce law code separated dating


01-Sep-2017 10:32

As you read through this section, you will see that it is laid out in such a way that, as soon as you find the topic that fits your particular situation, you will find a series of questions.

These are the questions that, from our experience in several thousand initial consultations, you probably would ask us in such a consultation.

Although you are not required to allege fault under this type of divorce, fault could still be an issue regarding “spousal support” (alimony) or the separation of your shared property.

We know it sounds like a cliché, but the only binding direction to the trial judge from the Virginia Supreme Court or the General Assembly is that the amount of spousal support should be an amount sufficient to maintain the dependent spouse in the manner to which she (or he) became accustomed during the marriage, subject, however, to the dependent spouse’s ability to earn and the supporting spouse’s ability to pay.

In Fairfax County, the Bar Association has, in cooperation with the local judges, published a formula, but it is only for use in temporary support hearings, which are hearings that are held shortly after the commencement of a divorce case to determine the amount of support to be awarded from then until the entry of the final divorce decree (which typically happens after the equitable distribution hearing).

If you decide to retain our firm, you may want to revisit this site from time to time to refresh your recollection of the subjects we’ve covered, and to get answers to new questions that arise.

In time we hope that you will be moved to contribute one or more of your questions, or to suggest answers to existing questions, for the benefit of others to come.

Such factors include whether a party is voluntarily unemployed or under-employed, whether a party has unusually low living costs due to sharing expenses with a housemate or living with parents, any special needs or considerations of the children, the cost of supporting other dependents, and the list goes on and on. However, the work of the trial judge in every case boils down to answering two questions: “What is the marital property? “Alimony” is a legal term for support payments from husband to wife, so it had to go.



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