Virginia Divorce Tips

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Virginia, located in the South Atlantic region of USA has its own laws and rules addressing divorce cases. Any couple who wants to go for a divorce has to meet certain requirements mentioned in the statute. These divorce laws address various issues related to child custody, child support, residency requirements, spousal support, property division, alimony, etc. If you are thinking of or undergoing a divorce case in Virginia, you must be aware of the basic laws that may be relevant in your case. To help you in your effort, we provide here a set of effective Virginia divorce tips that will educate you on a number of important issues.

Some effective Virginia divorce tips:

• You can file for a divorce case only when you or your spouse are a resident and domiciliary of Virginia for a period of at least 6 months before the filing date.

• Virginia divorce laws state that spouses who are contesting for child custody, child support or visitation must attend a parenting class. If deemed necessary, the court may also order attendance classes in uncontested divorces.

• Some important Virginia divorce tips also relate to grounds for divorce. You must know whether the grounds for your case are correct or not. For a no-fault divorce, both the spouses need to live separate and apart without any cohabitation and interruption for one year with children and for six months without children.

  On the other hand, a divorce case is granted on fault ground when any of the following factors is involved:

  • Adultery
  • Imprisonment for one year
  • If either party is found guilty of cruelty
  • When one spouse has deserted or abandoned the other willingly
  • Felony conviction
  • Cruelty or desertion combined with separate living for at least one year

• Any premarital agreement cannot be put into effect if the individual against whom it is to be enforced proves the following:
  • The individual did not voluntarily execute the agreement, or
  • When the agreement was executed it was unconscionable.

• Any parent shall not be refused access to the health or academic records of the minor child of the parent. This rule is followed irrespective of any other provision of law or irrespective of whether this parent has custody of the child. However, the court might order the contrary of this rule for good cause as per subsection B of 20-124.6

• When the court awards visitation or custody, the following condition is included in the order. If any partner thinks of relocation, then, this partner must offer a written notice to the court and the other partner regarding the change of address minimum 30 days in advance of the relocation. In this case also, the court might issue contrary orders after showing some good cause.

• In any district or circuit court, a licensed mental health care provider might have records about a patient who is related to a visitation or custody of a minor child. All the data that has been collected during therapy is kept confidential and privileged.

• The court reserves the right to conduct a camera interview of a minor child in the absence of the child's parents and / or counsel regarding a child whose visitation or custody issue is being discussed. Except when the partners decide otherwise, a record of the interview is prepared. If the court concludes that if it makes this record a part of the records of the case, then, the safety of the minor child is not endangered, then this step is observed. The expenditure of preparing this record is borne by the partners of the divorce process.

• The below mentioned points are the highlights of any custody case:
  • The court might award sole or joint custody.
  • The primary consideration as per the court is the best interests of the child.
  • The court inspires the parents to share the various responsibilities of their children.
  • The court promises the children that they would get continuing and frequent contact with both parents.
  • There is no law that favors either parent.
  • The court ensures that due regard is being given to the primacy of the parent-child relation.

• Death benefit means the following payments:
  • Annuity
  • Life insurance contract
  • Compensation agreement
  • Retirement agreement
  • Contract assigning a beneficiary of money, property or right

A divorce is surely an unfortunate event in a couple's life. But it is better to find a new meaning in life than struggling for having the lost meaning. These Virginia divorce tips will help you win your case so that you can come out of your bitter past and live the future that you deserve.

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