VA Domestic Relations

Question 1

Grounds for Divorce in Virginia

Answer 1

Adultery, cruelty, desertion, felony conviction, and separation for one year.

Question 2

Adultery as a Ground for Divorce

Answer 2

Requires clear and convincing evidence of sexual intercourse outside the marriage.

Question 3

Cruelty as a Ground for Divorce

Answer 3

Requires proof of physical or mental cruelty that endangers life, limb, or health.

Question 4

Desertion as a Ground for Divorce

Answer 4

Requires proof that one spouse left the marital home with the intent to desert for one year or longer.

Question 5

Felony Conviction as a Ground for Divorce

Answer 5

Requires proof that one spouse has been convicted of a felony and sentenced to confinement for more than one year.

Question 6

Separation for One Year as a Ground for Divorce

Answer 6

Requires proof that the spouses have lived separate and apart without cohabitation for one year.

Question 7

Equitable Distribution Factors

Answer 7

Contributions to the well-being of the family, duration of the marriage, ages and physical and mental condition of the parties, how and when specific marital property was acquired, debts and liabilities, and tax consequences.

Question 8

Best Interests of the Child Standard

Answer 8

Used to determine child custody and visitation arrangements based on the child’s age, physical and mental condition, relationship with parents, needs, and other factors.

Question 9

Spousal Support Considerations

Answer 9

Duration of the marriage, standard of living during the marriage, age and physical and mental condition of the parties, financial resources, education and training, and contributions to the family.

Question 10

Modification of Child Support

Answer 10

Requires a material change in circumstances since the last order.

Question 11

Residency Requirement for Divorce

Answer 11

At least one party must have been a resident of Virginia for six months prior to filing.

Question 12

No-Fault Divorce

Answer 12

Requires living separate and apart without cohabitation for one year, or six months if there are no minor children and a separation agreement is in place.

Question 13

Annulment Grounds

Answer 13

Fraud, duress, bigamy, incest, mental incapacity, underage without parental consent, and impotence.

Question 14

Legal Separation

Answer 14

Virginia does not recognize legal separation; couples can live apart and file for divorce after the required period.

Question 15

Temporary Support Orders

Answer 15

Issued to provide financial support during the divorce proceedings.

Question 16

Marital Property

Answer 16

All property acquired during the marriage, regardless of how it is titled.

Question 17

Separate Property

Answer 17

Property acquired before the marriage, by inheritance, or as a gift from a third party.

Question 18

Commingled Property

Answer 18

Separate property that has been mixed with marital property and may be considered marital if it loses its separate character.

Question 19

Transmutation

Answer 19

Separate property that becomes marital property through joint titling or significant contributions from the other spouse.

Question 20

Spousal Support Types

Answer 20

Periodic payments, lump-sum payments, and rehabilitative support.

Question 21

Child Support Guidelines

Answer 21

Based on parents’ incomes, number of children, and other relevant factors.

Question 22

Deviation from Child Support Guidelines

Answer 22

Court may deviate if the guideline amount is unjust or inappropriate.

Question 23

Visitation Rights

Answer 23

Non-custodial parent is generally entitled to reasonable visitation unless it is not in the child’s best interests.

Question 24

Joint Custody

Answer 24

Both parents share decision-making responsibilities, and the child spends significant time with both

Question 25

Sole Custody

Answer 25

One parent has primary decision-making responsibilities and the child primarily resides with that parent.

Question 26

Parental Relocation

Answer 26

Requires notice to the other parent and court approval if it affects visitation or custody arrangements.

Question 27

Guardian ad Litem

Answer 27

A court-appointed advocate for the child’s best interests in custody and visitation disputes.

Question 28

Protective Orders

Answer 28

Issued to protect individuals from domestic violence, abuse, or harassment.

Question 29

Enforcement of Support Orders

Answer 29

Wage garnishment, tax refund interception, and contempt of court.

Question 30

Modification of Spousal Support

Answer 30

Requires a material change in circumstances since the last order.

Question 31

Termination of Spousal Support

Answer 31

Remarriage of the recipient, death of either party, or as specified in the divorce decree.

Question 32

Marital Settlement Agreement

Answer 32

A contract between spouses outlining terms of the divorce, including property division, support, and custody.

Question 33

Equitable Distribution vs. Community Property

Answer 33

Virginia follows equitable distribution, meaning property is divided fairly but not necessarily equally.

Question 34

Pendente Lite Relief

Answer 34

Temporary orders for support and custody during the pendency of the divorce proceedings.

Question 35

Ending a Marriage

Answer 35

A valid marriage, including a common-law marriage, can only be terminated by annulment, divorce, or death. In Virginia, the circuit courts have jurisdiction over domestic relations matters, such as suits for annulment, affirmance of marriage, divorce, and claims for separate maintenance.

Question 36

Annulment

Answer 36

An annulment voids a marriage and declares it as having never been valid (as opposed to divorce, which terminates a valid marriage). Va. Code Ann. § 20-89.1. The grounds for annulment must exist at the time of entry into the marriage.

Question 37

Grounds for Divorce

Answer 37

In Virginia, there are four fault grounds for absolute divorce. These grounds are adultery (or sodomy or buggery), conviction of a felony, willful desertion, and cruelty. In addition, Virginia recognizes a “no-fault” ground for absolute divorce based on separation without cohabitation. When multiple grounds exist for divorce, the ground upon which a divorce will be granted is within the discretion of the trial court.

Question 38

Fault for Spousal Support

Answer 38

Fault by either party must be considered (felony conviction, adultery, desertion, or cruelty) by a Virginia court determining whether to award spousal support. No spousal support may be awarded to a spouse who commits adultery, unless the court determines from clear and convincing evidence that denial of spousal support to the guilty party would constitute a “manifest injustice” based on the spouses’ respective degrees of fault (payor’s fault) and their relative economic circumstances (extreme economic disparity).

Question 39

Financial Support of Spouses and Children

Answer 39

Spousal support (also referred to as maintenance or alimony in Virginia) is the obligation of the spouse who has the greater financial resources to provide monetary support to the other spouse. It is awarded if one spouse cannot provide for her own needs. In Virginia, spousal support is available when the court decrees (i) a dissolution (annulment) of a voidable marriage, (ii) a divorce (either from the bond of matrimony or from bed and board), (iii) that neither party is entitled to a divorce, or (iv) when separate maintenance is appropriate. Va. Code Ann. § 20-107.1(A). Spousal support is available for either party in a marriage, even if the party fails to prove her grounds for divorce. The court, however, has no power to decree maintenance payable by the estate of a deceased spouse. Va. Code Ann. § 20-107.1(A). The court has the discretion to award reasonable attorney’s fees in addition to spousal support. Va. Code Ann. §20-71.1.

Question 40

Types of Spousal Support

Answer 40

Spousal support may take the form of periodic payments for a defined duration, periodic payments for an undefined duration, a lump sum, or any combination of these. Va. Code Ann. § 20-107.1(C). Additionally, temporary maintenance support during the divorce proceedings, called pendente lite maintenance, can be awarded. The court, in its discretion, can order a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse while the divorce suit is pending, including an order that the other spouse provide health care coverage for the petitioning spouse, pay secured and unsecured debts incurred jointly or by either party, and maintain or modify an existing life insurance policy. Pendente lite maintenance must be paid from the obligor-spouse’s post-separation income unless the court orders otherwise. Upon the request of a party, the court may identify the source from which the maintenance is to be paid.

Question 41

Modification of Support Orders

Answer 41

Virginia courts can modify spousal support orders to increase, decrease, or terminate payment, as the circumstances may make proper, unless the parties contracted otherwise. The new decree operates only prospectively.
To justify a change in spousal support, the court must find an (i) involuntary and unforeseen, (ii) material change in the parties’ circumstances.

Question 42

Child Support

Answer 42

Child support is the payment by one parent to the other for the support of a common child. Both parents, regardless of marital status, are legally required to support their minor children. In Virginia, the obligation to support a child remains until the child reaches the age of 18 or is emancipated. However, the obligation may be extended until the child reaches the age of 19 or graduates high school, whichever comes first, if the child is a full-time high school student, is not self-supporting, and still lives at the home of the parent seeking or receiving child support. The court may also order the continuation of child support for any child over the age of 18 if the child is severely and permanently mentally or physically disabled, such disability existed prior to the child reaching the age of 18 (or 19 if still in high school), the child is unable to live independently and support himself, and the child resides in the home of the parent seeking or receiving child support.

Question 43

Custody

Answer 43

Having custody (i.e., control) of a child can mean having legal custody or physical custody, or both. Either or both of these types of custody can be shared under a joint custody arrangement. In Virginia, neither parent has a legal presumption favoring them as the custodial parent.
Legal custody is the right of a parent to make major decisions, as contrasted to everyday decisions, regarding the minor child. Typically, areas of health, education, and religion are encompassed.

Question 44

Physical Custody

Answer 44

Physical custody is the right to have the child reside with a parent or guardian and the obligation to provide for routine daily care and control of the child. As with legal custody, physical custody may be shared by both parents under a joint custody arrangement.
Joint custody generally requires that the parents are both willing and able to cooperate with respect to the well-being of the child. The court may order joint custody if it is in the best interests of the child.

Question 45

Custody Jurisdiction

Answer 45

Virginia courts have subject matter jurisdiction to preside over custody hearings and either enter or modify custody orders if Virginia:
i) Is the child’s home state and has been the home state for a period of six months or since birth, if the child is less than six months old; or
ii) Was the child’s home state in the past six months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.

Question 46

Premarital Agreements

Answer 46

A premarital (also known as “prenuptial” or “antenuptial”) agreement is a contract entered into by prospective spouses in contemplation of marriage, typically containing terms that relate to division of property or spousal support in the case of divorce or death. Although a valid marriage is generally treated as sufficient consideration for a premarital agreement, Virginia statute does not require consideration. The agreement is effective upon the marriage of the parties. If the marriage fails to take place, the parties are discharged from the obligations of the agreement. Va. Code Ann. § 20-149.

Question 47

Separation Agreement

Answer 47

A separation agreement is a contract entered into by a married couple in contemplation of, or as a consequence of, their separation. This agreement can define property division, spousal support, and child support, custody, and visitation. The court generally will enforce spousal maintenance and property division provisions so long as the agreement is not unconscionable. Provisions related to child support and custody, on the other hand, are modifiable by the court if the initial terms are not in the best interest of the child.
In a suit for annulment, divorce, or separate maintenance, if a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed before entry of a final decree, no decree ordering spousal support and maintenance or imposing any monetary or nonmonetary condition can be made except in accordance with that stipulation or contract. The court must modify its decree to conform to such stipulation or contract filed after entry of a final decree upon a party’s request.