The emotional component of divorce can be exceptionally difficult, but the mechanics of divorce can also be very complicated. If you are considering divorce, are convinced that you need a divorce, or have already been served divorce papers, now is the right time to consult with an experienced Hampton Roads divorce attorney.
If you seek a no-fault divorce in which neither of you accuses the other of causing the dissolution of your marriage, there is a separation requirement of one full year before the divorce can be finalized. If, however, you have no minor children and you are legally separated, the waiting period is reduced to six months. An important note is that even if you pursue a no-fault divorce, it does not preclude the court from taking your divorcing spouse’s bad acts into consideration when making important determinations in your case.
Your divorce will be unique to you, but like every other divorce, it will address the following terms:
The more distance there is between you and your spouse on these terms, the more complicated your divorce is likely to be. If you do find a way to reach a compromise on all or some of these terms, you won’t need to address these matters with the court.
Child custody falls into both legal and physical custody. Legal custody relates to who makes important decisions for your children, and it can be either sole or joint. Physical custody is all about who lives with whom when. The court is loath to deny the important parental right to see one’s children, so even if one parent is awarded sole physical custody, the other parent is very likely to be allowed parenting time in some capacity.
The State of Virginia adheres to equitable distribution laws, which means your marital property will be divided in a manner that is considered fair given the circumstances at play. Even if your finances are relatively straightforward, this division can quickly become a matter of contention. If your finances are complicated by high assets, owning a business, or owning multiple properties, the complication factor can skyrocket.
Both parents are legally bound to support their children financially after divorce, and child support is how the law guides this process. The state’s calculation process factors in both parents’ financial situations, and the higher earner, therefore, generally makes child support payments.
Alimony is a legal tool for bridging the financial gap created by some divorces. If one spouse’s financials are lacking and the other has the financial ability to help, alimony payments can help balance this financial disconnect.
If you’re heading toward divorce, the dedicated Hampton Roads divorce attorneys at Mahoney Richmond Thurston, PLLC, have the legal acumen, experience, and strength of character to skillfully advocate for divorce terms that uphold your best interests. To learn more, please don’t hesitate to contact us today.