Going through a divorce proceeding can be a very difficult experience, especially if it is a contentious trial. Not only is it a time-consuming process but it is going to interfere with your personal life, and your financial and professional life is also going to get exposed during the trial. But that’s not all, depending on the nature of your divorce, there will be numerous other objections or consequences that you may have to face while facing a divorce trial in Virginia.
Understanding the Legal Reasons to File for Divorce in Virginia
As per Virginia family law, spouses have a right to file for a no-fault grounds divorce or a fault-based divorce. Considering this, mentioned below are some important reasons why spouses can file for divorce in Virginia.
Having Sexual Relations with Someone Other than Your Spouse
Known as adultery, having extra-marital affairs with someone can be legal grounds for your spouse to file for a divorce. However, this requires the petitioner to bring forth comprehensive or reasonable evidence providing that their spouse has indeed committed adultery outside the marriage.
In addition, Virginia courts also grant divorce upon evidence of sodomy that can be proven outside of marriage. However, it is also important to understand that filing for divorce based on adultery does not come with a waiting period, which is unlike many other legal reasons a spouse may file for divorce. This is because adultery can be very complex and daunting to prove beyond a reasonable doubt.
Subjecting a Spouse to Maltreatment and Cruelty
If you can prove to the court that your spouse has physically abused you or has been doing it for a long time, you can file for divorce. However, you need to provide evidence that goes beyond reasonable apprehension – for example, recent injuries because of abuse, scars, doctor’s reports, etc. can help your case.
Acts of cruelty and domestic abuse or anything that puts someone at risk of loss of life or health constitute maltreatment or cruelty. However, it is also important to know that if your spouse uses foul language to address you or berate or humiliates you repeatedly, this behavior can also be classified as grounds for cruelty.
Spousal Abandonment
Also known as desertion, to file for divorce based on these grounds, the spouse must first prove to the court that their husband or wife abandoned them while remaining married, completely cutting off the principles of cohabitation. However, desertion doesn’t apply when both spouses make a mutual agreement to cut ties and live separately. On the other hand, divorce may also be filed against a spouse suspected to have observed constructive desertion, which is where one spouse refuses to have sexual intercourse with their spouse and continues to neglect taking care of their basic needs.
Separation
Unlike different parts of the United States, in Virginia, family courts do not grant final divorce decree on the grounds for separation. However, both spouses do have the right to amicably agree to go their separate ways, divide their marital assets equitably, and stipulate the conditions and requirements for parental visitation and child support. Such agreements can and will help solve a lot of complicated issues mainly child support, liabilities, and spousal support.
However, a circuit court can grant both the separated spouses a final divorce decree if they have been amicably separated for up to 6 months (if they have no minor kids) and up to 12 months (if they have minor kids).
Important Complications and Objections You May Have to Face in a Virginia Divorce Case
Equitable Distribution of Marital Assets
One of the most common objections that would need to face during divorce is the disclosure of your finances and the subsequent distribution of marital assets by the court. Before this happens, it is very important to sit down with your divorce attorney and categorize different assets that can be classified as marital. For example, your investment and retirement accounts, any real estate bought after marriage, and your vehicles, etc. will all be considered marital assets.
Child Support Payments
In the state of Virginia, the law is very clear about the role and responsibilities of each parent when it comes to taking care of their child. In line with this, the child has a right to receive support payments until he turns 19 years of age or until they graduate high school. The payment made until then will be to take care of the essential expenses associated with the child’s education, healthcare, living conditions, and recreational activities.
Paying Alimony or Spousal Support
In Virginia divorce cases, the problem of spousal support or monthly alimony is a highly contested and complicated issue, especially if the spouses in question have been married to one another for a long time and during that time until the divorce proceedings the income parity between the spouses have grown. The court must first determine whether the spouse demanding alimony is indeed in need of it after considering their income or lack thereof.
Parental Schedule, Custody, and Visitation
Child visitation and custody are among the most complicated objections in a Virginia divorce case. That is because, in case of a contentious divorce, it is the court that decides how much time the non-custodial parents get to spend with their child each year.
The court also decided which one of the parents is more fit to have custody of the child and who gets to make the most important decisions for the child. While the non-custodial parent may have objections or reservations regarding the matter, know that the circuit courts make child custody decisions based on the Virginia Code 20-124.3.
Bottom Line
In all, navigating the most important elements of a Virginia divorce proceeding such as equitable distribution, child support, alimony, etc. can be a very complex undertaking that will most certainly require both parties to consult with experienced divorce or family attorneys.
Discuss everything with your attorney to make a positive game plan and allow them to formulate plans that may help safeguard your finances and most importantly, give you a chance to retain custody of your child.