Themis Essay 5512

Question 1

Virginia law recognizes two types of divorce:

Answer 1

(i) a divorce from bed and board; and
(ii) a divorce from the bond of matrimony.

Question 2

A divorce from bed and board is

Answer 2

a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to remarry.

Question 3

A divorce from the bond of matrimony is

Answer 3

a complete and absolute divorce.

Question 4

Any person granted a divorce from bed and board may ask the court to

Answer 4

“merge” the decree into a divorce from the bond of marriage after at least one year has passed from when the parties originally separated.

Question 5

An absolute divorce may be decreed upon the application of either party to a marriage if

Answer 5

(i) the spouses have lived separate and apart for at least one year (ii) without any cohabitation and without interruption.

Question 6

If a party has filed a suit for divorce based on fault grounds and, while the suit is pending, the parties have satisfied the grounds for a no-fault absolute divorce, Virginia statute specifically recognizes that

Answer 6

either party may petition the court for a no-fault absolute divorce.

Question 7

When multiple grounds exist for divorce, the ground upon which a divorce will be granted is

Answer 7

within the discretion of the trial court.

Question 8

Generally, the court determines the value of marital property as of

Answer 8

the date of the evidentiary hearing or valuation.

Question 9

Separate property includes real and personal property acquired by a party before marriage as well as

Answer 9

income from and the increase in value of separate property for reasons not attributable to the effort of either party.

Question 10

When separate property increases in value due to the personal efforts of either party or contributions of marital property, the increase will be

Answer 10

marital property; however, the original value of the property remains separate property.

Question 11

A non-owner spouse has the burden of proof to show that

Answer 11

contributions of marital property or personal effort were made, and the separate property increased in value.

Question 12

In Virginia, the trial court, in disposing of a request for spousal support, must consider 13 factors set forth by statute, including factors such as:

Answer 12

(i) the obligations, needs, and financial resources of the parties;
(ii) their standard of living during the marriage;
(iii) the duration of their marriage; and
(iv) the earning capacity of each party.

Question 13

Fault by either party must be considered when determining

Answer 13

whether to award spousal support.

Question 14

No spousal support may be awarded to a spouse who commits adultery, unless

Answer 14

the court determines from clear and convincing evidence that the denial of spousal support to the guilty party would constitute a manifest injustice based on the spouses’ respective degrees of fault during the marriage and their relative economic circumstances.

Question 15

In a contested case, any order granting or denying a request for spousal support must be

Answer 15

accompanied by written findings and conclusions of the court identifying the statutory factors that support the court’s order.

Question 16

If a contract signed by the parties before entry of a final decree,

Answer 16

no decree ordering spousal support can be made except in accordance with that contract.

Question 17

Both parents, regardless of their legal status, are legally required to

Answer 17

support their minor children.

Question 18

While parents may enter into private agreements regarding child support payments, they cannot agree to

Answer 18

any release or compromise that would negatively affect the child’s welfare.

Question 19

Virginia has adopted the income-shares method of computing

Answer 19

the amount of child support each parent must bear.

Question 20

In calculating a parent’s gross income for purposes of child support payments,

Answer 20

all income is considered–including spousal support.

Question 21

There is a rebuttable presumption in any proceeding for child support that the amount of

Answer 21

child support calculated pursuant to the child support guidelines is correct.

Question 22

A court may deviate from the application of the child support guidelines only after

Answer 22

making a written finding that the application of the guidelines would be unjust or inappropriate.

Question 23

Although an amount is attributed to each parent under the income-shares method of computing child support,

Answer 23

only the non-custodial parent actually pays the support amount.