Virginia Divorce Attorney

If you are either considering or facing a divorce, the path forward is uncertain, but skilled legal guidance can help. Divorce ends your marriage, which is a legal contract, and in the process, you must establish terms that will directly affect your financial and parental rights. One of the most important steps you can take on your journey forward is consulting with an experienced Virginia divorce attorney early in the process.

Your Divorce Terms

Your divorce will be specific to your situation, but the terms you’ll need to resolve are the same as those that every other divorcing couple faces, including:

• The division of your marital property
• Child custody
• Monthly child support
• Alimony – referred to in Virginia as spousal support

Each term that applies to your case is worthy of careful attention.

The Division of Your Marital Property

Marital property refers to all the assets you and your spouse – or either of you – came to own during your marriage, which must be divided between you equitably or fairly, given the relevant circumstances, upon divorce. Any assets that either of you owned prior to marriage and were able to keep separate while you were married will remain the separate property of the original owner, but the dividing line between separate and marital assets can be weakened by a wide range of factors.

Child Custody

Child custody decisions determine your child custody arrangements, which Virginia courts always on the best interests of the involved children along with other factors as required by the Virginia Code. Custody is addressed in terms of both legal custody and physical custody. Legal custody determines parental decision-making authority for primary matters such as the following:

• Schooling
• Participation in extracurricular activities
• Healthcare
• Religious upbringing

Physical custody determines how you and your children’s other parent will divide your time with them. One parent may be awarded primary custody while the other has visitation, or physical custody can be shared more evenly.

Child Support

The State of Virginia holds both parents responsible for supporting their children financially. Post-divorce, this responsibility is achieved through determination and allocation of child support. The major concerns when it comes to calculating child support are the amount of time each parent spends with the children and each parent’s earnings. In general, the higher earner makes child support payments to the other parent of the children.  The presumptive amount of support to which a child is entitled is determined according to statutory guidelines, with some limited ability for the courts to deviate from that guideline amount.

Spousal Support

Spousal Support applies primarily in those divorces that leave one spouse without the financial means to cover their own reasonable needs while the other has the financial ability to help support them. Factors set out in the Virginia Code help guide alimony determinations, and include the following:

• The length of the marriage
• Each spouse’s earning power
• Contributions the recipient made to the paying spouse’s education or career
• The standard of living achieved during the marriage
• The allocation of marital assets and debts between the parties

Discuss Your Case with an Experienced Virginia Divorce Attorney Today

The seasoned Virginia divorce attorneys at Culin, Sharp, Autry, & Day appreciate the challenges you face in your divorce case and are committed to skillfully guiding you through the process toward an optimal outcome that protects your rights and supports your brightest future. Don’t wait to learn more by reaching out and contacting us online or calling us at 703-934-2940 today.