Virginia recognizes several different fault-based grounds for divorce. These include adultery, sodomy, buggery, conviction of a felony, cruelty, desertion, and constructive desertion. Alternatively, a divorce can be granted because the parties have lived separate and apart for the requisite period. People often refer to this type of divorce as no-fault because the parties do not allege one of the enumerated fault grounds as the basis for the divorce, but granting a divorce on this basis does not mean neither party is at fault. For parties with no minor children and an executed property settlement agreement that resolves the issues of asset division and support, the parties need only be separated for six months. For parties with minor children and an executed property settlement agreement, the requisite period of separation is one year.
What is the difference between a fault-based divorce and a no-fault divorce?
What should I bring to my first meeting with my family law attorney?
Meeting with an attorney for the first time can seem overwhelming. However, being prepared will make the meeting run smoothly. Bringing key documents will help you make the most of your first meeting with your attorney to ensure you receive effective representation. If your case already involves pending litigation, documents you have received from the court will assist your attorney in knowing the timeline of your case. Having this information will help your attorney to comply with procedural deadlines related to pleadings or discovery and determine his or her availability for any upcoming hearings that have already been scheduled. These documents will also enable your attorney to spot issues that you might not think to bring to your attorney’s attention. Having documentation will also help you attorney offer pointed advice suited to the specific circumstances of your case. The following is a list of documents you should bring with you or provide ahead of time if they are applicable to your case:
- Current and Past Orders – Any orders that are currently in effect or have previously been in effect will show the current status of your case and may provide insight into your case’s history. Relevant orders may include spousal support orders, child support orders, protective orders, final decree of divorce, and miscellaneous interim orders.
- Pleadings – Pleadings include documents that may be filed with the Court, such as a Complaint for divorce, Answer, Cross-Complaint, or Petition for Support.
- Summons or Notices – These should be given to your attorney to make him or her aware of upcoming hearings or procedural considerations.
- Discovery Requests – Your attorney will assist you in properly complying with any Requests for Production of Documents or Interrogatories that you have already received.
- Property Settlement Agreements or Memoranda of Understanding – Any agreement that has been signed and properly executed between you and the opposing party will help your attorney explain how current issues can be resolved. Any proposed agreements that have been sent to you by opposing counsel will give your attorney some understanding of the relevant issues and how that party proposes to resolve those issues.
- Correspondence – Any correspondence you have received from opposing counsel or a guardian ad litem (attorney representing your child) should be given to your attorney. In some situations, correspondence with the opposing party is also helpful.
- Mortgage Statements – Mortgage statements will enable your attorney to advise you on distribution of the marital residence, whether it be through sale or refinance.
- Tax Returns, Bank / Investment Account Statements, and Retirement Plan Statements – These types of financial documents, dated close to the date of marriage and the date of separation, will enable your attorney to advise you regarding support and division of assets.
- Timeline – In many cases it also helpful to provide your attorney with a timeline of significant events related to your marriage or your custody or support matter.
The above documents should be viewed as a checklist for your initial meeting with your family law attorney and should not be viewed as an exhaustive list of information required throughout the pendency of your case. Most likely as your case develops, your attorney will request that you provide additional documents.
What is the definition of custody?
There are two parts to a custody determination in Virginia: legal custody and physical custody. Legal custody is the responsibility to make decisions for the child’s care and control. Physical custody is where the child primarily resides. In some cases it may be appropriate for one parent to have sole legal custody of the child, meaning that parent is the sole decision maker for the child. For families in which the parents have joint legal custody, the parents share in decision-making for the child, even though the child may primarily reside with one parent who is the primary physical custodian. In some custody arrangements the parents share physical custody of the child, which means the child spends at least 90 days with the parent who has fewer days. In some instances the parents share roughly equal time with the child through this physical custody arrangement. The needs of the children, each parent’s relationship with the children, and many other factors will determine the custody arrangement that meets your family’s needs. The attorneys at Family Law Associates are available to guide you through considering these many factors to resolve the issue.
Am I legally separated?
When a couple is starting to explore the possibility of divorce, sometimes it is difficult for one party to answer the question, “Are you separated?” In Virginia, there is no “legal separation” in the sense that there is no formal court order or document that signifies the couples’ separation. Instead the term separated as it relates to Virginia domestic relations practice means the couple is living separate and apart. Judges who take a more traditional approach interpret separated to mean living in two different residences. Other judges are willing to recognize a separation within the marital residence if the parties no longer function as a married couple. The attorneys at Family Law Associates of Richmond can help you determine whether your circumstances are likely to constitute a separation.
