Domestic Relations

Question 1

Constructive desertion requires that a

Answer 1

spouse prove the other’s conduct so egregious as to justify the non-offending spouse leaving the marital home.

Question 2

Cruelty requires acts that

Answer 2

tend to cause bodily harm and render the spouses’ living together unsafe.

Mental or verbal cruelty alone is not a ground for divorce in Virginia. However, if the conduct is such that it affects and endangers the physical health of the divorce-seeking spouse, it may be sufficient to establish grounds for divorce. Normally, however, rude words alone will not suffice.

Question 3

Where a spouse engages in exclusively verbal abuse, and that verbal abuse causes the other to become ill and to reasonably fear for her health and safety, a court would most likely find grounds for

Answer 3

a Constructive Desertion claim.

Question 4

For divorces based upon either desertion or cruelty, a ___ ____ period of physical separation is required to finalize the divorce.

Answer 4

one year

Question 5

There is no waiting period required for ________; upon proof of ________, the court can grant an immediate divorce.

Answer 5

adultery

Question 6

Cruelty justifying divorce must be proved by

Answer 6

a preponderance of the evidence

Question 7

In a claim for divorce on the fault-based ground of adultery, the act of adultery must be proved by

Answer 7

clear and convincing evidence

Question 8

All grounds of divorce must be

Answer 8

corroborated

Question 9

Adulty in Virginia bars an

Answer 9

award of spousal support to an offending spouse, unless the denial of that award will amount to a manifest injustice to that spouse, although an application of the manifest injustice exception is in the discretion of the judge

Question 10

Adultery is not grounds for divorce when

Answer 10

the other spouse also engaged in adultery (recrimination), or when the adultery is condoned by resuming marital relations (condonation).

Question 11

A no-fault divorce may be decreed if

Answer 11

the parties have lived separate and apart for 6 months, without cohabitation or interruption, if there are no children and the parties have a separation agreement, or upon separation of the parties for a period of one year if they have children.

Question 12

Court determines spousal support in accordance with the factors set out in Va. Code 20-107.1:

Answer 12

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under § 20-107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.

Question 13

Marital Property - At an equitable distribution hearing, the court will

Answer 13

determine the value of all property, real and personal, tangible and intangible, acquired during the marriage. It will consider Peggy’s (or whoever the spouse is seeking spousal support) contribution to the accumulation of that property in deciding how the property will be divided.

Question 14

When determining equitable distribution, the court may also consider

Answer 14

the fault grounds

Question 15

The division of the marital property shall consider such factors as

Answer 15

(1) the
contributions of each party in the acquisition of the property; (2) the duration of the
marriage; (3) the ages and mental and physical condition of the parties; (4) how and
when specific items were acquired; (5) the debts and liabilities of each spouse; (6)
the tax consequences to each party; (7) the liquid or non-liquid character of the
property; (8) whether Dale used marital property for a non-marital purpose such as
paying for his excursions with his girlfriend(s); and (9) such other factors as the
court considers necessary and appropriate to reach a fair award.

Question 16

Presumption in favor of mother in awarding custody? What is the standard?

Answer 16

Virginia has abolished all presumptions in favor of either parent in custody determination. Rather, the court is directed to determine custody based on the factors set forth in the statute for the best interests of the child.

Question 17

Custody and Illicit Relationships

Answer 17

The Supreme Court of Virginia has stated that while an illicit relationship to which
minor children are exposed cannot be condoned, there is not a per se rule prohibiting awarding custody to a parent involved
in an adulterous relationship. Ford v. Ford, 418 S.E.2d 415 (1992); Brown v. Brown, 237 S.E.2d 89 (1977).

Question 18

Child custody, preference of a child? specific age?

Answer 18

Under Virginia law, there is no specific age at which the courts afford such deference, while
courts routinely give great weight to the preference of teenagers.