Category Archives: Virginia Family Laws

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308 Fairfax Richmond Beach Loudoun Prince William

Have you been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, carrying a concealed weapon can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peterson v. Commonwealth

Facts:

After defendant pled guilty to carrying a concealed weapon, a misdemeanor offense in violation of Va. Code Ann. § 18.2-308, the Fairfax court deferred sentencing until the resolution of the related felony charge of violating Va. Code Ann. § 18.2-308.2. Defense counsel then moved to dismiss the felony indictment.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Holdings:

The Virginia Court made the following holding:
  • A prosecution for offenses under both Va. Code § 18.2-308 (carrying a concealed weapon) and § 18.2-308.2 (convicted felon possessing a firearm) is valid because each charge possesses different, required elements in order to obtain a conviction. Va. Code § 19.2-294 does not bar the felony prosecution because both charges are distinct..

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

We also cover the following courts in Virginia:

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Divorce Virginia Contested Fairfax Richmond Beach Loudoun Prince William

DIVORCE IN VIRGINIA

Generally, a divorce in Virginia that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Virginia can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner. How contested a divorce case in Virginia is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them. More often than not, the opposing attorney in a contested divorce case in Virginia will play a great role in how amicably a contested divorce can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Virginia will be for the parties.

How your specific case will proceed will greatly be determined by the specific facts of your case. The divorce laws in Virginia are complex. If you have questions about how the divorce laws in Virginia apply to the specific facts of your divorce case, do not hesitate to contact us.

Virginia Contested Divorce Laws

Virginia Contested Divorce Laws

Our attorneys in Virginia will do their best to assist you with your divorce. Please call us via our toll free number – 888-437-7747.

The Law Offices of SRIS, P.C. has client meeting locations & lawyers to assist you with your divorce in Virginia to better serve you.

Virginia: Northern Virginia, Central Virginia, Hampton Roads/Tidewater area & Western Virginia. Fairfax, Lynchburg, Loudoun, Prince William, Fredericksburg, Richmond & Virginia Beach.

VIRGINIA DIVORCE ATTORNEYS

Our Virginia attorneys are frequently asked questions about different divorce issues in Virginia. We hope that the information you find herein answer some of your basic questions regarding divorces in Virginia. After you read this, if you wish to talk to our Virginia lawyers about your divorce in Virginia, please feel free to call us at 888-437-7747. We are here to help you and fight for you if necessary.

The lawyers of SRIS, P.C. have client meeting locations in the following states :

Virginia: in Northern Virginia – Fairfax Loudoun & Manassas; in Central Virginia – Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

The Separation of the Parties In Virginia

As a general rule, parties cannot be deemed to be living separate and apart with the intent of remaining permanently separate and apart if they are both residing in the martial residence. If either spouse wants a divorce, the odds are, they are going to get a divorce. The real question is on what terms is the party desiring the divorce going to get it. If your spouse wants a divorce and wants you to move out of the marital home, perhaps refusing your spouse’s demands may be in your best interests. Refusing to move out may cause your spouse to agree to your terms for the divorce. Ultimately, the party who wants a divorce the most is the one who is willing to agree to almost any terms to get a divorce. Keep this in mind as you try to negotiate a property settlement and custody of the child(ren)

One caveat we always tell our clients is: the threat or possibility of danger of remaining in the marital home. Nothing is more important than being safe. If the other party has a history of physical violence or you have reason to believe that if you do not move out, the other party will hurt you, then you probably should leave.

The person who leaves the marital home without an express agreement that the parties have mutually agreed to separate may suffer some dire consequences in court. If you leave the marital residence, the Court may award custody of the children to the parent staying in the marital residence. This award of custody is initially awarded pending the final divorce hearing. However, as a general rule, divorce courts are averse to change the status quo. Thus, the parent who received the initial award of custody is the person who is most likely going to be the primary physical custodian of the child(ren). Additionally, the party leaving the marital home may be accused of abandoning the marital home. Keep in mind, that if you leave the marital home and don’t try to see your children frequently, this too may have negative consequences. During the pending divorce action, the visitation you have with your child(ren) may be dramatically limited. The party staying in the home may be awarded exclusive use and possession of the marital residence. The bottom line is what you do at the start of the separation process of the divorce will most likely have a long term impact as to how your divorce turns out. This is one of the main reasons you need excellent counsel right from the start from an experienced divorce attorney who almost exclusively handles contested divorces. Please keep in mind that divorce attorneys who practice other types of law are probably not as up to date with the new divorce laws that the courts have recently ruled upon.

The financial situation of the parties in Virginia

If you want to ensure that the marital assets are not wasted by the other party, make sure you are in control of all financial accounts and credit cards. Also, make sure you are in control of any form of credit that you may become liable for if used by the other party. Taking control is very easy. Simply transfer all assets of the marriage to a completely new and separate account that only you have access to. As a law professor once said, “it is a lot easier to give than to get.” The person who controls all the assets negotiates from a great position of strength. Remember a contested divorce can be costly and very few attorneys work for free.

Things not to do during the separation in Virginia.

DO NOT DO THINGS YOU WILL BE EMBARRASSED ABOUT IF IT COMES OUT DURING THE TRIAL.

Try not to date anyone. We understand that when you are going through a divorce, you may be emotionally upset and want solace. However, what you do during the separation may affect how the Court decides custody of the child(ren), if custody is at issue. Also, if you spend marital assets (property, money, etc. accumulated during the marriage) on your new “friend”, this may affect how the divorce Court determines the ultimate distribution of marital property. The Virginia lawyers at the Law Offices of SRIS, P.C. is here to help you. Listen to us and we will do our best to make this difficult time in your life as smooth as possible.

How does the legal aspect of the divorce start Virginia?

The first step is to file a pleading asking for a divorce. This is a legal document requesting the Court to grant you a divorce. Your spouse will then be served with this document by either a law enforcement authorized to serve process or a private process server. Generally, we prefer to use a private process server if we believe the party being served with a divorce is going to try and avoid service. Once the initial divorce papers are served, then your spouse has to determine how badly they are going to fight the divorce. Most people after being served with divorce papers think they have to get the nastiest divorce lawyer in town. This is a mistake. All this is going to do is end up costing both parties a lot of money and help put the nasty lawyer’s child through college. We recommend our clients to try and talk to the other spouse in a civil manner and attempt to reach a settlement. Before you go and talk to your spouse, we will advise you as to what a fair settlement is and what you can expect if you go to trial. If your spouse is reasonable and your spouse listens to your proposal, then he or she may agree or ask for time to go talk to their lawyer. Again, if and it is a big IF, the lawyer is reasonable and willing to give good advice to their client, both parties may be able to settle most of the divorce issues, if not all of the issues. However, if the other side chooses to be unreasonable in their demands regarding the divorce, there is only one option. GO TO COURT.

What to expect when you come in for your consultation in Virginia?

When you talk with a SRIS, P.C. Virginia lawyer about your divorce in Virginia, try to have an idea as to the value of the separate and marital assets and liabilities. Also, try to have an idea as to how you wish to have custody resolved if you have child(ren).

What will we talk about during our first consultation in Virginia?

First and foremost, we are here to help. You can count on us to be honest with you. We are not the type of lawyer who tells a client what they want to hear so that they can be hired. We will do our best to make the process as easy as possible, both financially and emotionally. We will listen to you and help you identify what is in your best interests. We will not aggressively promote going to court. This does not mean we are scared of trying cases. We simply do not want you to incur unnecessary costs. However, if your spouse is unreasonable or simply nasty and bitter, then we will gladly take the matter to court. Our goal is to help you get a fair resolution and get a divorce.

To settle or not settle your divorce case in Virginia?

No one can force you to settle. Only you can determine if a Virginia divorce settlement is acceptable.

What can I expect once the divorce process starts in Virginia?

One of the first things we will generally do is file a request for discovery in a divorce action. We use the discovery process in a divorce action to flesh out the information you give us. In turn, you will be asked to respond to a discovery request by the other party’s attorney.

There may be an entry of a temporary order. This will usually address the issues of who will stay in the marital home while the divorce is pending; what will be the custody arrangement while the divorce is pending; what support if any is awarded while the divorce is pending; etc.

During this entire process, the parties through their divorce attorneys will be trying to reach a settlement. However, after trying your best to settle the outstanding issues of the divorce, then there is only solution. Let the judge decide. The judge will hear all the issues regarding the divorce and make a determination as to custody, property, support, etc. All of the judge’s ruling will then be written up in the final decree of divorce. The final decree of divorce is an order of the court. Failure to abide by it may result in sanctions to the party disobeying the court’s order.

What do you do if you disagree with the Court’s ruling in Virginia?

You can always appeal the court’s ruling if you think it is not fair. We will advise you as to our opinion regarding the judge’s ruling. However, the ultimate determination as to whether an appeal is filed is always left up to the client. If you accept the court’s ruling and later wish to modify either the issues of support or custody, then you may request a modification provided there is grounds for a modification.

Granting Alimony In Divorce Proceedings In Virginia

Once a couple decides to divorce and starts the actual legal dissolution of marriage proceedings, either one may ask the court for interim financial support. This request is known as pendente lite – or “pending litigation.” This order is often used to provide for the support of a lower-income spouse while the legal process moves ahead.

After the divorce is final, either party may ask for post-marital alimony. Alimony is not an absolute right. The court will determine if alimony is justified by looking at the circumstances surrounding both the divorce and the divorcing couple.

If one party has received interim support, this financial obligation is not automatically extended after the dissolution becomes official. The reasons for granting support before the marriage ended may have changed after the divorce has become final.

The parties may decide on certain terms in their divorce case in a mutually agreeable manner – signing a binding agreement or legal document to that effect. This can include any alimony payments. If the couple does not have such an agreement, or cannot or will not come to terms, the court will step in, making a fair determination based on the facts and testimony submitted by both parties.

This determination is not set in stone – it can be modified when circumstances change, and one party gives the other proper notice and applies to the court for a re-hearing. However, unless there are compelling reasons, courts are generally reluctant to modify a prior existing agreement.

In some jurisdictions, the court always has authority in granting maintenance should one of the former spouses become a public charge – needing public assistance for the basic necessities of life.

Comparing Alimony and Child Support In Virginia

These are two separate arrangements. Alimony is not the same as child support. In child support, one parent is required to contribute financially in order to help raise (support) his or her children, by making structured payments to the child’s other parent or guardian.

Alimony and Taxes In Virginia

Unlike child support, alimony is treated as income to the receiving spouse, and can be taken as a deduction by the person paying. Child support is viewed as payments a parent makes for the support of their own offspring, and can’t be claimed as income or taken as a deduction.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Enforcing Alimony Payments In Virginia

Here is another area where there is a big difference between child support and alimony payments to an ex-spouse. In many states, non-payment of child support is treated as a criminal matter. The defaulting parent can have a host of legal sanctions placed against them, including loss of driver’s or professional licenses as well as actual prison time.

Alimony is treated as a civil matter. Someone trying to recover back alimony can only use the collection procedures available to any other general creditor. They can hire a collection agency to try and recover the funds, or instigate civil proceedings. If the spouse who’s defaulted on the alimony payments has no real assets to seize, the suing partner may get a judgment – but precious little else.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Child Custody Virginia Lawyer Fairfax Richmond Beach Loudoun

CHILD CUSTODY – VIRGINIA LAWYERS

Get Child Custody Help When It Matters The Most

One of the first questions in a divorce in Virginia is who will get custody of the child or children?

Child custody in Virginia is a legal term used to qualify the relationship the child or children has between the parents. A determination of child custody in Virginia will resolve issues such as which parent will the child or children spend the majority of time with or will the parents equally share their time with the child or children. Also, a determination of child custody in Virginia may have an impact on child support payments and a determination of who are the payer and the payee.

If you are in need the help of a lawyer in Virginia for a child custody case, turn to the Virginia attorneys of SRIS, P.C. for help. We have client meeting locations in Virginia to better serve you.

Virginia: Fairfax, Fredericksburg, Loudoun, Lynchburg, Manassas, Richmond & Virginia Beach.

If you wish to speak with one of our lawyers in Virginia regarding a child custody case in Virginia, please feel free to call us 888-437-7747

Virginia Child Custody Laws

Virginia Child Custody Laws

The following is a general overview of some of the issues that a parent may face in regards to child custody in Virginia.

The child custody courts in Virginia will frequently use the term “best interests of the child” in making a determination as to child custody in Virginia. Although the courts in Virginia will generally consider all the factors in a child custody determination, some factors will be given more weight than others.

Our Virginia lawyers have found that most parents are able to decide by themselves what the child custody and visitation arrangements are going to be for the child or children without a judge deciding the issue of child custody. However, some parents in Virginia are not reasonable and unable to cooperate and come to an agreement as to the custody of the child or children. When parents engage in child custody litigation, the relationship between the parents can become very hostile. The mentality some parents take is that of a win at all costs. Some of the allegations that are made in court filings are that of sexual, physical, emotional abuse, alienation of affection by the other parent, etc. The Virginia attorneys of SRIS, P.C. will always counsel their clients to take the “high road” in a custody battle. The reason we counsel our clients to take the high road approach in a child custody battle is for two reasons:

  1. the truth ultimately comes out and judges who have been hearing child custody cases in Virginia are not pleased when parents make false allegations;
  2. although it is very important that you do not allow false allegations to go unchallenged, child custody battles can be very expensive. If both parties engage in making speculative allegations in a child custody case, this will only drive up the cost of litigation.

When child custody disputes arise in Virginia, it is not uncommon for one of the parents to attempt to engage in forum shopping in an endeavor to gain an unfair edge against the other party. Forum shopping is basically looking for a state or country that may have more favorable laws towards one of the parents in regards to child custody. Many countries have become a part of the Hague Convention to prevent forum shopping between countries. Additionally, in the United States, an act called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted and adopted by every state to prevent forum shopping in child custody cases. The essence of this act is to require all the states to defer to the jurisdiction of the home state of the child or children. The Virginia attorneys of SRIS, P.C. have represented clients who have to deal with the other parent attempting to engage in forum shopping. It is very important to hire the services of a lawyer when faced with an issue of forum shopping. The statutory designation of “home state” lasts only for a certain period of time.

The attorneys of SRIS, P.C. do truly care about you and your children and we look forward to helping you.

Please feel free to call us at 888-437-7747.

Our attorneys and staff speak the following languages in addition to English: Tamil, Arabic, Hindi, Telugu, Spanish, Cantonese, Mandarin, Malaysian & French.
Frequently, the clients we represent in Virginia are inundated with variety of different terms regarding child custody and support. In an endeavor to better assist them understand the different terms used, the following are some of the official definitions from the Uniform Interstate Family Support Act and the Uniform Child Custody Jurisdiction and Enforcement Act.

FAQ’s for Child Custody Law Issues:

But what exactly determines this “best interests of the child” criteria?

Do Mother’s Have More “Clout” When It Comes To Retaining Child Custody?

What is Joint Custody?

It’s one of the sadder parts of any divorce – determining child custody and visitation. In deciding which parent (or both) gets custody, the court takes into account a multitude of factors.

In almost all courts in every state, the standard is: “The child’s best interests.” In deciding child custody issues – this one aspect is given the highest priority.

But what exactly determines this “best interests of the child” criteria?

Here’s a checklist of the most commonly used factors:

  • The child’s age, sex, and mental and physical health
  • The parent’s mental and physical health
  • The parent’s lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
  • The emotional bond between parent and child, as well as the parent’s ability to give the child guidance
  • The parent’s ability to provide the child with food, shelter, clothing, and medical care
  • The child’s established living pattern (school, home, community, religious institution)
  • The quality of the child’s education
  • The impact of changing the status quo in the child’s daily routine, and
  • The child’s preference, if the child is above a certain age (usually about 12).

In many cases, there are no clear cut answers in determining which parent clearly “outranks” another in fulfilling these custodial factors. Each may be equally (or nearly) qualified in providing for the child’s welfare and well being.

In divorce and child custody law cases like these, the courts focus on which parent will provide the child with the more stable environment, including maintaining a healthy relationship with the other parent. When a child is young, special attention is given to the parent who has been the child’s primary caregiver. However, with older children, the parent who is best able to provide continuity in education, neighborhood life, religious institutions, and peer relationships may be awarded primary custody.

Also, the judge in child custody cases in Virginia will place great weight upon the fact if the children will be remaining in the home where they were raised and lived as a family, if they will be continuing in the same school, participate in their usual activities and generally enjoy their regular routines. A judge will be adverse to changing these normal physical locations, conditions and schedules.

Another factor that comes into play with child custody cases is when one parent moves out of the house, leaving the child or children with the remaining spouse. This can adversely affect the chances of the distant parent gaining custody – even if they left in order to avoid highly unpleasant or even dangerous situations.

If the situation is so volatile, then seriously consider taking the children with you. If you don’t, the court may properly assume you considered the options and believed the remaining spouse was a competent caregiver – regardless of the situation between the two parents. If you do leave with the children, file as quickly as possible in family court for temporary child custody and child support. Speed is of the essence, because if you don’t act first, the other spouse may go to court first and allege that the kids were taken without that spouse’s knowledge.

Family law judges don’t look very highly on a parent who removes the children from the home without seeking legal recognition. A judge may order the children be returned to the family home, pending future proceedings to determine physical custody.

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Do Mother’s Have More “Clout” When It Comes To Retaining Child Custody?

In the past, it was customary for the courts to award custody of young children (about 5 years old or younger) to the mother when couples divorced. This “tender years” doctrine has been almost entirely replaced – either rejected outright or relegated to the role of tie-breaker if two otherwise fit parents request custody of their pre-school children

Every state now takes into consideration the fitness of both parents – the mother no longer automatically enjoys a de-facto privilege when custody is being determined. Most states require their courts determine custody on the basis of what’s in the children’s best interests, without regard to the parent’s gender.

Many divorcing parents do agree the mother will have custody after a separation or divorce, with the father exercising reasonable visitation rights. If this happens because both parents agree the mother has more time, a greater inclination in parenting, or a better understanding of the children’s daily needs – then all is well and good. But many times the father presumes the mother will automatically be awarded custody and never pursues the matter – or because the mother is more tenacious in seeking custody.

As a father, if you want to ask the court for physical custody, don’t let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may both be on equal footing. In fact, if you have more flexible hours than the mother, you could be at an advantage. In any event, the judge will look at what’s best for the children in custody cases.

So if you as father think you are the better caregiver and should have primary custody – it’s up to you to convince the judge that it’s in the kids’ best interests to stay with you. If you present yourself as a willing and able parent, it will go a long way towards challenging any lingering prejudice against you as a father.

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What is Joint Custody?

“Joint custody” pursuant to child custody law is when the court awards partial custody to both parents. Child custody law recognizes one of three forms when addressing joint custody:

  • joint physical custody (children spend a substantial amount of time with each parent)
  • joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or
  • both joint legal and joint physical custody.

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Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Spousal Support Alimony Virginia Lawyer Divorce Fairfax Richmond Beach Loudoun

Spousal Support & Alimony Laws In Virginia

Spousal maintenance – Alimony

Even in uncontested divorces in Virginia, spousal support/alimony may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia

Regardless of the term used in Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people in Virginia don’t realize is that alimony is taxable. The person paying the alimony in Virginia deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.

Virginia Spousal Support Laws

Child support on the other hand is not taxable. Alimony is completely independent from child support and Virginia uses set guidelines to determine alimony. The Family Law Courts in Virginia have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most Virginia attorneys work hard towards trying to settle the issue of alimony in divorce cases without risking a trial on the issue of alimony. Our lawyers in Virginia who assist clients with divorce cases in Virginia will work to help you get spousal support and when necessary, defend an action for alimony.

Our Virginia lawyers who assist clients with spousal support and alimony issues have client meeting locations in Virginia:

Virginia: Northern Virginia – Fairfax, Loudoun & Manassas; Central Virginia – Fredericksburg & Richmond; Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Our Virginia lawyers who assist clients with spousal support and alimony have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia. Our Virginia attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues.

If you wish to consult a SRIS, P.C. attorney in Virginia regarding alimony or spousal support, call us at 888-437-7747.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Child Support Spousal Support Factors Virginia Laws 20-108.1 Fairfax Prince William Loudoun Richmond Beach

If you need help with a child/spousal support case in Virginia, our firm can help you.

Virginia Code 20-108.1 provides the factors the court considers when awarding child/spousal support in Virginia.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Child Support Spousal Support Factors Virginia Laws 20-108.1

Child Support Spousal Support Factors Virginia Laws 20-108.1

§ 20-108.1. Determination of child or spousal support.

  • A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.
  • B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.

In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:

    1. Actual monetary support for other family members or former family members;
    2. Arrangements regarding custody of the children, including the cost of visitation travel;
    3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
    4. Debts of either party arising during the marriage for the benefit of the child;
    5. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
    6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
    7. Any special needs of a child resulting from any physical, emotional, or medical condition;
    8. Independent financial resources of the child or children;
    9. Standard of living for the child or children established during the marriage;
    10. Earning capacity, obligations, financial resources, and special needs of each parent;
    11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
    12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
    13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
    14. Such other factors as are necessary to consider the equities for the parents and children.
  • In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.
  • In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
  • Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.
  • Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
  • Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which are subject to garnishment.
  • In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law
Statute Topic Description
Va. Code § 20-108.1(A) Evidence to be considered in determining spousal support The court shall consider all evidence relevant to any issues and each individual case.
Va. Code § 20-108.1(B) Evidence to be considered in determining child support The court shall consider all evidence relevant to any issues and each individual case.Conditions:

  1. In all cases including cases involving split custody or shared custody there shall be a rebuttable presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded.
  2. Liability for support shall be determined retroactively for the period measured from the date of filing of action provided the respondent was properly served or, from the date the Department of Social Services’ order directing payment was delivered to the sheriff or process server for service on the obligor.
Va. Code § 20-108.1(B) Conditions to be satisfied for rebutting the presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded Written findings in the order that the application of such guidelines would be unjust or inappropriate in a particular case.Written finding should state

  • the amount of support that would have been required under the guidelines,
  • a justification of why the order varies from the guidelines, and

shall be determined by relevant evidence pertaining to the factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child

 

Va. Code § 20-108.1(B) Factors affecting the obligation, ability of the party to provide child support and best interests of the child 1. Actual monetary support for other family members or former family members;2. Arrangements regarding custody of the children, including the cost of visitation travel;3. Imputed income to a party who is voluntarily unemployed or under-employed;Income may not be imputed

  1. when a child is not in school
  2. child care services are not available and the cost of such child care services are not included in the computation

when there is a change in a party’s employment imputed income shall be evaluated by considering the party’s good faith and reasonableness of employment decisions

4. Either party’s debts arising during the marriage for child’s benefit;

5. Court ordered direct payments for life insurance coverage maintenance pursuant to subsection D, education expenses, or other court-ordered direct payments for child’s benefit;

6. Extraordinary capital gains such as capital gains resulting from the marital abode’s sale;

7. Any special needs of a child resulting from any physical, emotional, or medical condition;

8. Child’s independent financial resources;

9. Child‘s or children’s standard of living established during the marriage;

10. Each parent’s earning capacity, obligations, financial resources, and special needs ,

11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;

12. Parties’ tax consequences including claims for exemptions, child tax credit, and child care credit for dependent children;

13. A written agreement, stipulation, consent order, or decree between the parties which includes child support amount; and

14. Such other factors as are necessary to consider the equities for the parents and children.

 

Va Code § 20-108.1(C) Health care coverage The court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children if reasonable and health care coverage for a spouse or former spouse.
Va Code § 20-108.1(D) Maintaining life insurance The court shall have the authority to order a party to(i)                 Maintain any existing life insurance policy on either party’s life provided the party so ordered has the right to designate a beneficiary and(ii)               Designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party has a statutory obligation to pay child support.
Va Code § 20-108.1(E) Execution of tax forms or waivers Except where agreement exists on issue of child support, the court shall have the authority to order one party to execute all appropriate tax forms or waivers to grant the other party the right to take the income tax dependency exemption for any tax year or future years, for parties’ child or children for federal and state income tax purposes.
Va Code § 20-108.1(F) Effect of amendment to this section Amendments to this section shall not have retroactive effect, and shall not be the basis for a modification of child support.
Va Code § 20-108.1(G) Child support payments not to be subjected to garnishment  Current or arrears child support payments shall not be subject to garnishment.
Va Code § 20-108.1(H) Vocational evaluation by a vocational expert. Vocational evaluation by a vocational expert is ordered including, but not limited to, any interviews and testing as requested by the expert, court may award costs for the evaluation and services of the expertConditions to be satisfied:

  1. In any child or spousal support proceeding when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy,
  2. upon the motion of any party and for good cause shown,

The order will be on the following terms:

  1. It may permit the attendance of the vocational expert at the deposition of the person to be evaluated.
  2. It shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you are seeking an experienced attorney to help you with a child/spousal support case case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Definition Child Custody Joint Sole Legal Virginia Laws 20-124.1 Fairfax Prince William Loudoun Richmond Beach

If you need help with a joint/sole legal contested child custody case in Virginia, our firm can help you.

Virginia Court provides the definition for joint legal and sole legal custody in a child custody case.

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg

VA Joint Legal Or Sole Legal Child Custody Lawyer

VA Joint Legal Or Sole Legal Child Custody Lawyer

CHILD CUSTODY-DEFINITION

Va. Code Ann § 16.1-228. Definitions

“Legal custody” means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.

Va. Code Ann § 20-124.1. Definitions

“Joint custody” means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.

Va. Code Ann § 20-124.1. Definitions

“Sole custody” means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.

CHILD CUSTODY TABLE

Virginia Statute Type of Custody Definition
Va. Code Ann § 16.1-228 Legal Custody 1.Court Order that determines the legal status of the custodian who will be vested with physical custody and regarding of the parental rights and responsibilities(or)2. Court ordered legal status for joint custody as mentioned in § 20-107.2.
Va. Code Ann§ 20-124.1 Joint Custody
    1. Both the parents shall be vested with the right to retain joint responsibility and joint authority even if the primary residence may be one parent.
    2. Both parents shall share physical and custodial care of the child, or
    3. The court for the best interests of the child, shall order for any combination of joint legal and joint physical custody.
Va. Code Ann § 20-124.1 Sole Custody Where complete responsibility regarding care and control and decisions regarding the child shall be vested with one person.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Divorce Virginia Laws 20-91 Fairfax Prince William Richmond Beach Loudoun

Divorce – Virginia Lawyers

If you are facing a divorce in Virginia, you need an experienced attorney to guide you. First and foremost, we have to determine the basis for a divorce. Our Virginia attorneys have the knowledge and experience to assist you with your divorce in Virginia.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

The following is the statute that addresses the grounds for a divorce in Virginia.

Divorce Virginia Laws 20-91

Divorce Virginia Laws 20-91

GROUNDS FOR DIVORCE IN VIRGINIA:

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

(4), (5) [Repealed.]

(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(7), (8) [Repealed.]

(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.

B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.

A divorce from the bond of matrimony (a vinculo matrimonii).

Virginia Statutes Sub-section Divorce from the bond of matrimony:(Complete and Absolute divorce) Grounds
Va. Code § 20-91  § 20-91(1) 1.   Adultery,
§ 20-91(1) 2.   Sodomy or Buggery Committed outside the marriage
§ 20-91(3) 3.   Felony Conviction Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement
§ 20-91(6) 4.   Guilty of cruelty caused reasonable apprehension of bodily hurt,
§ 20-91(6) 5.  Willfully deserted or abandoned the other Divorce may be decreed to the innocent party after a period of one year from the date of such act
§ 20-91(9)(No Fault divorce) 6.  Lived Separately With out Separation Agreement Parties have lived separate and apart without any cohabitation and without interruption for one year
With Separation Agreement and no child parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption for six months.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Spousal Support Virginia Laws Alimony Divorce 20-107.1 Fairfax Richmond Prince William Loudoun Beach

Spousal Support/Alimony – Virginia Lawyers

Whether you are asking for spousal support/alimony or defending against a request a for spousal support/alimony in Virginia, you need an experienced Virginia lawyer to help you with your divorce.

Our law firm has handled numerous divorce cases in Virginia where spousal support/alimony is requested. We have the experience to help you with this issue.

Spousal Support Virginia Laws Alimony Divorce 20-107.1

Spousal Support Virginia Laws Alimony Divorce 20-107.1

The Virginia Code 20-107.1 lays out the law for spousal support/alimony in Virginia.

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

Virginia Code 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of 20-91 or 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under 20-107.3;
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
  10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court’s order. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.

G. For purposes of this section and 20-109, “date of separation” means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and “defined duration” means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to 20-110.

H. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

  1. If known, the name, date of birth and social security number of each party and, unless otherwise ordered, each party’s residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of his employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;
  2. The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;
  3. A statement as to whether there is an order for health care coverage for a party;
  4. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;
  5. If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and
  6. Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law
 Statute  Topic  Description
Va Code § 20-107.1(A) When the Court can decree as to maintenance and support of spouses The court may make such further decree in the following proceedings:

  1. Pursuant to any proceeding arising under subsection L of § 16.1-241 or
  2. upon the entry of a decree providing
    1. for the dissolution of a marriage or
    2. for a divorce, whether from the bond of matrimony or from bed and board or
    3. that neither party is entitled to a divorce, or
    4. for separate maintenance

Maintenance and support payable by the estate of a deceased spouse cannot be decreed.

Va Code § 20-107.1(B) Changing maintenance as per Va Code of § 20-109 Change in maintenance and support shall be subject to the provisions of § 20-109, No permanent maintenance and support shall be awarded from a spouse if there exists a ground of divorce under the provisions of subdivision (1) of § 20-91 in such spouse’s favor but in any case if there exists clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties, support may be awarded.
Va Code § 20-107.1(C) Maintenance payments how made
  1. Maintenance and support of a spouse be made in periodic payments for a defined duration, or
  2. In periodic payments for an undefined duration, or
  3. In a lump sum award, or
  4. In any combination thereof.
Va Code § 20-107.1(D) Reservation of Party’s right to receive support in the future In addition to subsection C, the court may reserve the right of a party to receive support in the future based on the following conditions:

  1. There shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
  2. Once granted, the duration of such a reservation shall not be subject to modification
Va Code § 20-107.1(E) Factors considered in determining whether to award support and maintenance and in determining the nature, amount and duration of the award Factors considered in determining whether to award support and maintenance are the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.Factors considered in determining nature, amount and duration of the award:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage, the duration of the marriage, the age and physical and mental condition of the parties and any special circumstances of the family;
  3. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  4. The monetary and nonmonetary contributions of each party to the well-being of the family; the earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity, the property interests of the parties, both real and personal, tangible and intangible, the provisions made with regard to the marital property under § 20-107.3;
  5. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;. the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  6. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  7. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Va Code § 20-107.1(F) Spousal support in contested cases in the circuit courts, Any order granting, reserving or denying a request for spousal support shall also include a written findings and conclusions of the court

  1. Identifying the factors in subsection E which support the court’s order.
  2. If the support is for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, a specification of the events and circumstances which support the award.
Va Code § 20-107.1(G) Meaning of “Date of separation” and “defined duration” Date of separation means

  1. the earliest date at which the parties are physically separated and
  2. at least one party intends such separation to be permanent provided the separation is continuous thereafter and

Defined duration means a period of time

  1. With a specific beginning and ending date or
  2. Specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110.
Va Code § 20-107.1(H) Contents of the order entered on or after October 1, 1985 in cases where there are no minor children including original orders or modifications of existing orders or orders confirming separation agreements, The order should contain the following:1. Personal details:

  1. If known, the name, date of birth and social security number of each party and,
  2. Unless otherwise ordered, each party’s residential and,
  3. If different, mailing address, residential and employer telephone number, driver’s license number, and
  4. The name and address of his employer;

If a protective order has been issued or if court believes that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;

2. Spousal support amount

  1. The amount of fixed sums of periodic spousal support
  2. The payment interval,
  3. The date payments are due, and
  4. The date the first payment is due;

3. Health care coverage statement

Statement as to whether there is an order for health care coverage for a party;

4. Support Arrearages

  1. To whom an arrearage is owed and the amount of the arrearage,
  2. The period of time for which such arrearage is calculated, and
  3. A direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;

5. If spousal support payments are ordered to be paid directly to the obligee,

  1. The parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and
  2. Any change of telephone number within 30 days after the change

NOTICE:

That in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Child Custody Virginia Laws 20-124.2 Fairfax Prince William Loudoun Richmond Beach

CHILD CUSTODY IN VIRGINIA

If you need help with a contested child custody case in Virginia, our law firm can help you.

Virginia Court pursuant to Virginia Code 20-124.2 may order custody and visitation.

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg

Child Custody Virginia Laws 20-124.2

Child Custody Virginia Laws 20-124.2

CHILD CUSTODY-Va. Code Ann 20-124.2

Virginia Code 20-124.2. Court-ordered custody and visitation arrangements

A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.

B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.

C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.

D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.

E. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to 16.1-266.

Virginia Statute Description  Conditions
Va. Code Ann § 20-124.2(A) Court-ordered custody and visitation arrangements The circuit or district court shall provide prompt adjudication on considering the custody and visitation arrangements, support and maintenance and other considerations arising in the matter. The court order a pendente lite order according to § 20-103.
 Va. Code Ann § 20-124.2(B) Court-ordered custody and visitation arrangements The court may award joint custody or sole custody. Primary Importance is given to the best interests of the child. Court also orders for frequent and continuing contact with both parents.
   Va. Code Ann § 20-124.2(C) Court-ordered custody and visitation arrangements The court may order for child support and may order that it be continued even if the child is over the age of 18 if the child is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs, iv) severely and permanently mentally or physically disabled, v) unable to live independently and support himself, and (vi) resides in the home of the parent seeking or receiving child support.The powers of the court regarding the support of children payable by the estate of a deceased party.The court may also order that either party or both parties provide health care coverage or cash medical support, or both.
 Va. Code Ann § 20-124.2(D) Court-ordered custody and visitation arrangements The circuit or district court may order mental health or psychological evaluation as it would assist in determining the best interests of a child and for appropriate payment of costs.
Va. Code Ann § 20-124.2(E) Court-ordered custody and visitation arrangements The court shall make additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103.The court is vested with the authority to punish for contempt of court in case of any willful failure of a party to comply with the provisions of the order.The court may enjoin any person from filing for custody or visitation if one party petitions that it is for the best interest of the child and who had been convicted of murder or voluntary manslaughter, or a felony attempt, or any offense against child or (ii) felony assault resulting in serious bodily injury.The court appoints appoint a guardian ad litem pursuant to § 16.1-266, when such a petition to enjoin the filing of a petition for custody and visitation is filed.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Child Custody Virginia Laws Best Interests 20-124.3 Fairfax Prince William Loudoun Richmond Beach

Child Custody Virginia Lawyer Best Interests

If you need help with a contested best interests child custody case in Virginia, our firm can help you.

Virginia Court pursuant to Virginia Code 20-124.3 is the statute that identifies the best interests factors a court must consider when ordering custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg

Child Custody Virginia Laws Best Interests 20-124.3

Child Custody Virginia Laws Best Interests 20-124.3

CHILD CUSTODY-Va. Code Ann § 20-124.3

§ 20-124.3. Best interests of the child; visitation.

In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:

  1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
  2. The age and physical and mental condition of each parent;
  3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
  4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
  5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
  6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
  7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
  8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
  9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
  10. Such other factors as the court deems necessary and proper to the determination.

The judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section.

 

Virginia Statute

 

The court in the best interests of a child for custody and visitation including any pendente lite orders pursuant to § 20-103, shall consider the following

Conditions:

    Va. Code Ann § 20-124.3Best interests of the child; visitation  

  1. Child’s age, physical and mental condition, giving due consideration to the child’s changing. developmental needs.
  2. Parent’s age and physical and mental condition.
  3. Existing relationship between each parent and child, giving due consideration to the positive involvement with the child’s life, access, emotional, intellectual and physical needs.
  4. Needs of the child, giving importance to other relationships, including but not limited to siblings, peers and extended family members.
  5. The role the parent has played and be will play in the future, regarding upbringing and care.
  6. Parent’s active role in allowing the child to contact and have a healthy relationship with the other parent.
  7. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  8. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse.
  10. Such other factors as the court deems necessary and proper to the determination of custody and visitation.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg & Lynchburg

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.