Just as there are many reasons for divorce, there are many different types of divorce in Virginia, including:
- No-fault divorce
- Absolute divorce
- Limited divorce
- Legal separation
Regardless of your circumstances, if you are ending your marriage, you should not enter into proceedings before seeking advice from a qualified Norfolk divorce attorney. Sometimes, spouses try to save money by handling their own divorce, but that can be a costly mistake if one or both of them are not aware of possible negative tax consequences or benefits they may be due.
Joseph C. Lindsey PC offers comprehensive initial case evaluations, so you can understand your divorce options and your legal rights.
During my consultations, I can explain the differences and requirements for each type of Virginia divorce and determine which option may be the best for your situation. Contact me to arrange your divorce evaluation. You are under no obligation to hire me as your Virginia divorce lawyer.
There is a trend toward no-fault divorce because it is more efficient in terms of time and expense. The requirements for a no-fault divorce include: mutual and voluntary agreement between the spouses to end the marriage, living separate and apart without cohabitation for one year, or living separate and apart without cohabitation for six months if there are no minor children and the spouses have entered into a separation agreement. When there are no minor children involved, separation agreements can reduce the time required for living apart from one year to six months. In addition, a spouse may waive service of process, under certain circumstances.
If a traditional divorce is sought, the grounds for divorce include:
- Adultery
- A felony conviction
- Cruelty, desertion or abandonment
Virginia Spousal Support
It is important to note that spousal support is decided by the court on a case-by-case basis, so if you are not financially independent, you may be unable to support yourself. Even in cases where one spouse earns less, he or she is not automatically awarded spousal support.
Virginia Child Support Guidelines
Virginia child support is calculated using guidelines that are based on an "Income Shares Model." The presumption is that a child should receive the same proportion of parental income that would have been received by the child if the parents had not divorced. This model can vary according to factors such as whether child custody is limited to one parent or shared by both.
I have extensive experience as a Portsmouth child visitation attorney representing spouses who need help negotiating, enforcing or modifying their child support, child custody and visitation agreements.
Property and Debt Division
Virginia is an equitable distribution state, so the marital assets will be divided and the marital debt will be assigned in an equitable fashion, which does not mean equal, but rather what is fair.
