Virginia Divorce Laws

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Virginia divorce laws are a set of rules and legal requirements that are necessary to govern a divorce case in this state. These laws help the spouses to prepare for a divorce case in the court. Following are some important aspects of these divorce laws.

Virginia Divorce Laws for Child Support

In this state, the Income Shares model is applied to determine child support. As per this method, the exact amount of child support is based on the combined income of both parents. The Court reserves the right to issue orders to a party enforcing it to arrange health care coverage for dependent children. Child support laws are described in Section 20-108.1 of Title 20 of the Code of this state. Child support is depended on the requirements of the child. It relates to education, health care, personality development and other areas.

Virginia Divorce Laws pertaining Child Custody

The Court may order sole custody or joint custody, whichever suits the child in a best manner..The gender of the parent does not play any role while assigning custody. The Court inspires parents to share the responsibility of bringing up the children, as it is said to be beneficial for the child. Minor children are assured that they would have continued and frequent contact with both parents, whenever the time is apt. The non-custodial parent may apply for child visitation, which gives an opportunity to take an active part in the development of child. Also, it helps that parent to maintain a regular contact with the child. The Court takes into account the following factors -

• Past records of family violence.
• If the court is of the opinion that a child is old and mature enough to choose the custodian then the selection of a child is preferred by the court while making the orders of child custody.
• The relative ability of the parents to c retain a continued and close relation with the child and solve and cooperate with issues of dispute pertaining to the child.
• The willingness of the partner to promote the connection and relation of other parent with the child.
• Any instance in which one parent has unreasonably denied visitation or access of the other parent with the child.
• The needs of the child including relations with other family members , peers, siblings and others.
• The relation amongst the child and the parents inclusive of the capacity of the parents to precisely judge and fulfill the physical, intellectual and emotional requirements of the child.
• The mental and physical state and age of the parents.
• The mental and physical state and age of the child inclusive of the altering developmental needs of the child.

Alimony

Alimony is the amount of money provided to the partner who is financially lagging behind the other one. It is a kind of support given to the spouse for a specific time to satisfy routinely needs. Such support will be altered in case the partner remarries. Also, depending on the educational growth of that partner, the alimony can be changed.

The alimony ordered by the Court may be of the following types -

• Lump sum payment
• Periodic payments for undefined duration
• Periodic payments for defined duration
• Any combination of the above

The Court finalizes the duration, amount and nature of the alimony award after due consideration of the below mentioned issues -

• The physical and mental circumstances and age of the partners inclusive of any special circumstances in the family.
• The period of marriage
• The particular status of lifestyle during the marriage.
• The economical sources, requirements and obligations of the partners inclusive of retirement plans, profit sharing, pension and other income sources.
• Presence of any provisions made in case of martial property separation.
• The property interests of both the partners; intangible and tangible, personal and real.
• The inputs of each partner for the well-being of the family.
• The degree of inability of a partner to attend a job outside the house due to the mental, physical or special conditions of the child.
• Any other factors thought to be relevant by the Court.

This is a general information when filing a divorce case. Besides this, the Virginia divorce laws propose the residency requirements that are to be fulfilled by either of the parties before opting for a divorce in this state. The period of six months is the minimum time for which either of the spouses should be staying in this state. Any failure to prove such residency in the court, will result in the nullification of the registration of case.

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