Domestic Relations

Question 1

How may a VA court issue a divorce when there are multiple grounds for the divorce?

Answer 1

the Court may issue the divorce on any relevant grounds it finds supported by the evidence.

Question 2

What is constructive desertion?

Answer 2

requires proof that the offending spouses behavior has become so intolerable that the spouse may as well have left the other, and effectively forced the other spouse from the marital home.

Question 3

What are two defenses to adultery?

Answer 3

Being aware of the infidelity and reconciling to stay, and

adultery by the other spouse.

Question 4

When may a court grant a no-fault divorce?

Answer 4

if it is a childless couple - six months with a written separation agreement, which substantially divides the couples assets.

Without settlement - 1 year

Couple with children - 1 year regardless of agreement.

Question 5

When might courts grant spousal support to an at fault spouse?

Answer 5

when there are exceptional circumstances that would make it inequitable to deny support.

Question 6

What factors does the court consider when determining to award spousal support?

Answer 6

The relative needs and incomes of spouses
Education
Training
Opportunities available to each party
Any scarifies made for the marriage that minimized their ability to work.