Virginia Divorce Laws

Virginia Divorce Laws regarding Child Support

In this state, the Income Shares model is applied to determine child support. As per this method, the extent of child support is based on the combined income of both parents. The Court reserves the right to issue orders to a party to arrange health care coverage for dependent children. Child support laws are described in Section 20-108.1 of Title 20 of the Code of this state.

Virginia Divorce Laws regarding Child Custody

The Court may order sole custody or joint custody whichever is in the best interests of the child. The gender of the parent does not play any role in allocation of custody. The Court inspires parents to share the responsibility of bringing up the children. Minor children are assured by the Court that they would have continued and frequent contact with both parents, whenever the time is apt. The Court takes into account the following factors –

• Past records of family abuse
• If the Court concludes that the child has reasonable experience, age, understanding and intelligence to make a preference, then the reasonable preference of the child is considered
• The relative capacity and readiness of each parent to retain a continued and close relation with the child and solve and cooperate in issues of dispute pertaining to the child
• The willingness of each parent to promote the contact and relation of the child with the other parent
• Any instance in which one parent has unreasonably denied visitation or access of the other parent with the child
• The requirements of the child including relations of the child with extended family members, peers, siblings and others
• The relation amongst the child and the parents inclusive of the capacity of the parents to precisely judge and fulfill the physical, intellectual and emotional requirements of the child
• The mental and physical state and age of the parents
• The mental and physical state and age of the child inclusive of the altering developmental needs of the child

Alimony

The alimony ordered by the Court may be of the following types –

• Lump sum payment
• Periodic payments for undefined duration
• Periodic payments for defined duration
• Any combination of the above

The Court finalizes the duration, amount and nature of the alimony award after due consideration of the below mentioned issues –

• The physical and mental circumstances and age of the partners inclusive of any special circumstances in the family
• The period of marital life
• The standard of living enjoyed during the marriage
• The economical sources, requirements and obligations of the partners inclusive of retirement plans, profit sharing, pension and other income sources
• Presence of any provisions made in case of martial property separation
• The property interests of both the partners, intangible and tangible, personal and real
• The inputs of each partner to the well-being of the family
• The degree of inability of a partner to attend a job outside the house due to the mental, physical or special conditions of the child
• Any other factors thought to be relevant by the Court

Divorce Papers