Virginia code § 20-38.1. Certain
marriages prohibited. Annulment
(a) The following marriages are prohibited:
(1) A marriage entered into prior to the dissolution of an earlier marriage
of one of the parties;
(2) A marriage between an ancestor and descendant, or between a brother and a sister, whether the relationship
is by the half or the whole blood or by adoption;
(3) A marriage between an uncle and a niece or between an aunt and a nephew,
whether the relationship is by the half or the whole blood.
Virginia divorce statutes § 20-39. Prohibition continues notwithstanding dissolution of previous
marriage.
In the cases mentioned in § 20-38.1,
in which the relationship is founded on a marriage, the prohibition shall continue in force, notwithstanding the dissolution
of such marriage by death or by divorce, unless the divorce be for a cause which made the marriage originally unlawful or
void.
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Virginia divorce statutes § 20-43. Bigamous marriages void
without decree.
All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living
shall be absolutely void, without any decree of divorce, or other legal process.
Virginia divorce statutes § 20-45.1. Void marriages.
(a) All marriages which are prohibited by § 20-38.1 or
where either or both of the parties are, at the time of the solemnization of the marriage, under the age of eighteen, and
have not complied with the provisions of § 20-48 or § 20-49,
are void.
(b) All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage
was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree
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Virginia code § 20-61. Desertion
or nonsupport of wife, husband or children in necessitous circumstances.
Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance
of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and
maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise
incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall
be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500, or confinement in jail
not exceeding twelve months, or both, or on work release employment as provided in § 53.1-131 for
a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon
conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount
not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to
the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person
or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child
of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the |
permanently
and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state
agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent
is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving
such aid.
Virginia divorce statutes § 20-62. Commitment to workhouse, city farm or work squad
for such desertion.
In the event that the cities or counties of this Commonwealth or any of them establish workhouses, city farms or work
squads on which prisoners are put to work, persons convicted of nonsupport under the provisions of this chapter may be committed
to the farms, workhouses or work squads instead of to jail. Persons sentenced to jail or to a workhouse or city farm under
the provisions of this chapter shall be required to do such work as they are capable of in accordance with the opinion of
the physician examining such persons pursuant to § 53.1-33 and
shall be returned, when released, to the court which exercised original jurisdiction in the case and by that court may be
placed on probation upon the terms and conditions and in the manner prescribed by law for probation of original offenders
in such cases.
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Virginia code § 20-71. Temporary orders
for support.
At any time before the trial, upon motion of the complainant, with notice to the defendant, the court may enter such
temporary order as seems just, providing for the support of the neglected spouse or children, or both, pendente lite, and
may punish for violation of the order as for contempt.
Virginia divorce statutes § 20-74. Support orders to remain in effect until annulled; modification.
Any order of spousal support or amendment thereof entered under the provisions of this |
chapter shall remain in full
force and effect until annulled by the court of original jurisdiction, or the court to which an appeal may be taken; however,
such order of support or terms of probation shall be subject to change or modification by the court from time to time, as
circumstances may require, but no such change or modification shall affect or relieve the surety of his or her obligation
under such recognizance, provided notice thereof be forthwith given to such surety. No support order may be retroactively
modified, but may be modified with respect to any period during which there is a pending petition for modification in any
court, but only from the date that notice of such petition has been given to the responding party.
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Virginia code § 20-91. Grounds for divorce
from bond of matrimony; contents of decree.
A. A divorce from the bond of matrimony may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the
marriage;
(2) [Repealed.]
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement
for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed
after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to
his or her conjugal rights);
(4), (5) [Repealed.]
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or
willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from
the date of such act; or
(7), (8) [Repealed.]
(9) (a) On the application of either party if and when the husband and wife have lived separate and apart
without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation
agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted
by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart
without cohabitation and without interruption for
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six months. A plea of res adjudicata or of recrimination with respect
to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it
be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration
of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall
be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause,
or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
(b) This
subdivision
(9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise
valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9),
not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding
the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any
obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor
of such party some other ground of divorce under this section or § 20-95.
B. A decree of divorce shall include each
party's social security number, or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.
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Virginia code § 20-97. Domicile and
residential requirements for such suits.
No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual
bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor
shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an
actual bona fide resident of this Commonwealth at the time of bringing such suit.
For the purposes of this section only:
1. If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived
for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall
be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.
2. Being stationed or residing in the Commonwealth includes, but is not limited to, a |
member of the armed forces being stationed or residing upon a ship
having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which
the United States enjoys exclusive federal jurisdiction.
3. Any member of the armed forces of the United States or any foreign service officer of the United States who
(i) at
the time the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country
and
(ii) was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory
or country, shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the
six months preceding commencement of a suit for annulment or divorce.
4. Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation
may have been caused under such circumstances as would entitle the wife to a divorce or annulment.
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Virginia code § 20-89.1.
Marriage annulment
(a) When a marriage is alleged to be void or voidable for any of the causes mentioned in §§ 20-13, 20-38.1, 20-45.1 or
by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of
the marriage, it shall be decreed void by a decree of annulment.
(b) In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract,
or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when,
at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the
husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within
ten months after the date of the solemnization of the marriage, |
or where, prior to the marriage, either party had been, without
the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.
(c) No annulment for a marriage alleged to be void or voidable under subsection (b) of § 20-45.1,
subsection (b) of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for
such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds
for annulment; and, in no event shall any such decree be entered if the parties had been married for a period of two years
prior to the institution of such suit for annulment.
(d) A party who, at the time of such marriage as is mentioned in § 20-48 or § 20-49,
was capable of consenting with a party not so capable, shall not be permitted to institute a suit for the purpose of annulling
such marriage.
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Virginia code § 20-108.1. Determination
of child or spousal support.
A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant
to any issues joined in that proceeding. The court's decision shall be rendered based upon the evidence relevant to each
individual case.
B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2,
the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision in
any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable
presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared
custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is
the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period
measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant
exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services
entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service
on the obligor.
In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated
by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding
that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give
a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the
following factors affecting the obligation, the ability of each party to provide child support, and the best interests of
the child:
1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the
children, including the cost of visitation travel;
3. Imputed income to a party who is voluntarily unemployed or voluntarily
under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care
services are not available and the cost of such child care services are not included in the computation and provided further,
that any consideration of imputed income based on a change in a party's employment shall be evaluated with consideration
of the good faith and reasonableness of employment decisions made by the party;
4. Debts of either party arising during the
marriage for the benefit of the child;
5. Direct payments ordered by the court for maintaining life insurance coverage pursuant
to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
6. Extraordinary
capital gains such as capital gains resulting from the sale of the marital abode;
7. Any special needs of a child resulting
from any physical, emotional, or medical condition;
8. Independent financial resources of the child or children;
9. Standard of living for the child or children established during
the marriage;
10. Earning capacity, obligations, financial resources, and special needs of each parent;
11. Provisions made with regard
to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
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12. Tax consequences to the parties including claims
for exemptions, child tax credit, and child care credit for dependent children;
13. A written agreement, stipulation, consent
order, or decree between the parties which includes the amount of child support; and
14. Such other factors as are necessary
to consider the equities for the parents and children.
C. In any proceeding under this title or Title 16.1 or Title 63.2 on
the issue of determining child support, the court shall have the authority to order either party or both parties to provide
health care coverage or cash medical support, as defined in § 63.2-1900,
or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former
spouse.
D. In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court
shall have the authority to order a party to
(i) maintain any existing life insurance policy on the life of either party
provided the party so ordered has the right to designate a beneficiary and
(ii) designate a child or children of the parties
as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation
to pay child support for the child or children.
E. Except when the parties have otherwise agreed, in any proceeding under
this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to and
may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right
to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for
federal and state income tax purposes.
F. Notwithstanding any other provision of law, any amendments to this section shall
not be retroactive to a date before the effective date of the amendment, and shall not be the basis for a material change
in circumstances upon which a modification of child support may be based.
G. Child support payments, whether current or arrears,
received by a parent for the benefit of and owed to a child in the parent's custody, whether the payments were ordered under
this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have
been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which
are subject to garnishment.
H. In any proceeding on the issue of determining child or spousal support or an action for separate
maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary
under-employment of a party is in controversy, the court in which the action is pending, upon the motion of any party and
for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving
party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance
of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of
the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies
to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the
proceedings. The provisions of this section shall not preclude the applicability of any other rule or law.
§ 20-108.2. Guideline for determination of
child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.
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Virginia code § 20-124.2. Court-ordered
custody and visitation arrangements.
A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the
court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements,
including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter
an order pending the suit as provided in § 20-103.
The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends
of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation
where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal
addressing the child's residential schedule and care arrangements, and how disputes between the parents will be handled in
the future.
B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall
assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share
in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of
law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing
by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation
to any other person with a legitimate interest. The court may award joint custody or sole custody.
C. The court may order that support be paid for any child of the parties. The court shall also order that support will
continue to be paid for any child over the age of 18 who is
(i) a full-time high school student,
(ii) not self-supporting,
and
(iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates
from high school, whichever first occurs. The court may also order the continuation of support for any child over the age
of 18 who is
(i) severely and permanently mentally or physically disabled,
(ii) unable to live independently and support
himself, and
(iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm
a stipulation or agreement of the parties which extends a support obligation
beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children
payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support
of the minor children, including an order that either party or both parties provide health care coverage or cash medical
support, or both.
D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district
court, the court may order an independent mental health or psychological evaluation to assist the court in its determination
of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of
the evaluation by the parties.
E. The court shall have the continuing authority and jurisdiction to make any additional orders |
necessary to effectuate
and enforce any order entered pursuant to this section or § 20-103 including
the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A
parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order
to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of
time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under
the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction
which constitutes
(i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such
offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense
occurred, or the other parent of the child, or
(ii) felony assault resulting in serious bodily injury, felony bodily wounding
resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a
child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for
custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to § 16.1-266.
Virginia divorce statutes § 20-124.3. Best interests of the child; visitation.
In determining best interests of a child for purposes of determining custody or visitation arrangements including any
pendente lite orders pursuant to § 20-103,
the court shall consider the following:
1. The age and physical and mental condition of the child, giving due consideration
to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child,
giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the
emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important
relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each
parent has played and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to
actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably
denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each
parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and
resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the
child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of
family abuse as that term is defined in § 16.1-228 or
sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other
factors as the court deems necessary and proper to the determination.
The judge shall communicate to the parties the basis
of the decision either orally or in writing.
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The Virginia Code that
appears here may not include all provisions of Family Law. Some redacting has
occurred. You should consult the VA code or a Virginia divorce attorney
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