Newport News Divorce Lawyer

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Newport News Divorce Lawyer

While divorce is almost universally stressful and emotionally difficult, every divorce follows its own unique path. The fact is that the outcome of your divorce can have lasting financial implications and can significantly affect the amount of time you have your children with you. Working closely with a dedicated Newport News divorce lawyer is always in your best interest. 

Separation Requirement

In the State of Virginia, there is a separation requirement before you and your spouse can file for a divorce. The following must apply:

  • If you share a child or children who are under the age of 18, you must separate for at least a year before you file.

While this separation requirement can slow down the divorce process, nothing stops you from moving forward with your negotiations (which can be a lengthy process) prior to filing. 

Your Divorce Terms

In order to finalize your divorce, you’ll need to negotiate terms regarding all the following (or the court will do so on your behalf):

  • Division of Marital Property – The property that you acquire together as a married couple (regardless of who makes the purchase or whose name is on the title) is considered marital property (with few exceptions), and upon divorce, these assets are to be divided in a manner that is equitable. This means fair, given the circumstances of your marriage.
  • Child Custody Arrangements – Child custody is divided into both physical and legal custody. Legal custody refers to who makes important decisions regarding things like the children’s education, religious upbringing, health care, and extracurriculars. Physical custody refers to whom the children live with when. Both forms of custody can be shared between you (joint) or can be sole. If you’re able to come to terms between yourselves (with your respective divorce lawyers’ careful guidance), you can create a schedule that suits your family’s unique needs. An important point to make is that, even if you have sole custody, the children’s other parent is very likely to have a visitation schedule with them (based on the court’s stance that children fare better when they maintain a relationship with both parents).  
  • Child Support – Child support is a payment system that is intended to ensure both parents share financial responsibility for their children and to balance their contributions in relation to their individual incomes. Child support is based on a state calculation schedule and is usually paid by the parent who has the children less often. 
  • Alimony – In Virginia, alimony is called spousal support, and while it doesn’t play a role in every divorce, it is considered appropriate when one divorcing spouse has a financial need, and the other has the financial means to help.

You Need an Experienced Newport News Divorce Lawyer on Your Side

The dedicated Newport News divorce lawyers at Mahoney Richmond Thurston, PLLC, have impressive experience skillfully guiding cases like yours toward favorable resolutions. We are here to help, so please don’t hesitate to contact us today.