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(Q) What are the types of divorce in Virginia?

(A) There are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). Such a divorce is a qualified divorce in that legal separation is provided but the parties may not remarry during the term of this qualified divorce. The second type of divorce is called “a vinculo matrimonii” (divorce from the bonds of marriage). This type of divorce is the most common type of divorce and is an absolute divorce–and as such serves as the model for the following FAQs.

(Q) What are the required “grounds” for divorce awarded on fault?

(A) There are many grounds that, if present in a marital relationship, may permit the granting of a divorce. Some grounds include: Willful desertion or abandonment, cruelty, adultery and other sexually related acts, or conviction of felony. However, there are “defenses” that may be raised by the offending spouse to the aforementioned grounds.

(Q) Is there a no fault basis to permit the award of an absolute divorce?

(A) Yes, Virginia permits a “no fault” divorce. Certain requirements must be met in order to receive a divorce on that basis. The parties must demonstrate that they have lived apart continuously and intentionally for a period of one year. If the parties do not have any minor children, and have entered into a property settlement agreement, then the time of separation required is six months.

(Q) How is the property of divorcing parties distributed?

(A) One of the most complex and important areas of divorce law relates to determining property distributions. The method of distribution used in Virginia is called “equitable distribution.” Equitable distribution may be triggered at the conclusion of the divorce to determine the relative rights and interests of the divorcing parties in property acquired before, during or after the marriage. The property will be classified under three classifications to determine the foregoing rights. Property will be classified as “Marital Property”, “Hybrid Property” and or “Separate Property”. Many options are available to the courts in determining the rights of the parties in property. Skilled and aggressive legal representation is essential to achieve desired outcomes.

(Q) How is spousal support determined?

(A) Another complex area of divorce law requiring diligent legal representation is the area of spousal support. Spousal support may be awarded in varying circumstances to assist a financially dependent party. Such awards vary based on a host of factors such as: age, duration of the marriage, earning potential, assets, and marital history.

(Q) How are child custody determination made?

(A) Issues relating to the custody of minor children are often the most contentious of divorce/family law matters. In making a decision as to which party should be awarded custody, the Court will be guided by the “best interests of the child” legal standard. Many legal elements and factual factors impact determinations under the foregoing standard. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also decide visitation rights.

(Q) How is child support calculated?

(A) Child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia’s statutory support guidelines.

(Q) What is a Property Settlement Agreement?

(A) A Property Settlement Agreement (PSA) is a contract between the divorcing parties. The PSA can serve as a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party’s rights.

(Q) What is the first step to take when facing the prospect of a divorce or other family law issue?

(A) The complexity and high stakes nature of divorce and other family law matters require skilled legal representation. The employment of at least an initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them.

(Q) How are fees for legal services assessed?

(A) In divorce and family law matters, the Law Office of William R.F. Conners, P.C., charges by the hour or, in certain circumstances, by flat fee. A Nominal Fee is required for initial consultations. Visa/MasterCard accepted.

Contact the Law Office of William R. F. Conners, P.C. for assistance with your, family law, criminal defense, personal injury claim, contract dispute or other legal matter. We would be honored to assist and serve you.

Credit cards accepted Nominal Fee charged for consultations relating to divorce/family law matters.