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Spousal support Judges take many factors into consideration when awarding temporary or permanent alimony, including: • The length of the marriage • Property belonging to both spouses • The tax consequences for both spouses of any alimony awarded • Each party’s earning capabilities • Any conditions that would make it important for the person seeking alimony not to work outside of the home, such as taking care of a child Child support Judges are permitted to take any information they consider relevant into account when awarding child support, including: • Both parents’ education level and earning capabilities • Any financial resources the child may have • The standard of living the child experienced during the marriage Fathers’ and mothers’ rights Judges are similarly free to take any factors other than gender into consideration when resolving child custody issues.Often, clients who see me for an initial consultation arrive with information they may have learned from friends, family, or the internet – information which may not be accurate.In many cases, couples may want to work out the issues they face, but need help doing so. Parties can attend mediation before or after a case is filed in court.A trained and skilled mediator can facilitate communication between parties, and help guide the parties to a resolution.Collaborative law is another option for couples who agree that they want to stay out of court, but need support and guidance to resolve the issues between them.In collaborative law, both parties retain separate, specially trained attorneys who work together, rather than against one another, in an effort to help the parties resolve their differences.
Fact: Although some divorce cases end up in a final hearing before a judge, the vast majority of cases are resolved beforehand — even cases that start out being very contentious.Classification of property can be complex, but it is an issue your attorney should discuss with you to make sure you are fully informed about your situation.Fact: In Virginia, a lawyer can only ethically represent one person in a divorce proceeding – never both.Fact: In Virginia, if property is acquired during the marriage, it is presumed to be marital property, and may be considered in the overall division of property by a court, regardless of how it is titled.Likewise, if a debt was incurred during the marriage, it is presumed to be a marital debt, and may be allocated between the parties, regardless of titling.
A brief guide to divorce in Virginia Married couples considering separation in Virginia should be aware of the following things: Virginia state divorce laws At least one person in the marriage must have been a resident of the state for six months before a petition for divorce in Virginia can be filed.