Virginia Divorce Laws- Dissolution of marriage

They say Virginia is for lovers. It's also for marriages gone bad, in no more or less degree than any other state. Let's face it- divorce in Virginia (or anywhere for that matter) is a tough road to travel. Don't despair, though. We promise that it gets better. Really. Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety.

Virginia Child Support

Virginia child support laws mandate the family court to make child support decisions and orders based on relevant information submitted to them. Rulings are made in Virginia in much the same way they're made in many states; that is, only the basic facts are considered and many important factors and expenses simply don't factor into the equation. Virginia child support instructs that courts look at what you earn, what your spouse earns, how many children you have and how the children's time is divided by the two households. Largely ignored by the courts, one's expenses for housing (rent or mortgage), any extracurricular expenses for the child, and how it all impacts the parents. The courts appear to be insensitive to the non-custodial's burden of funding two homes. Despite being required to complete lengthy income and expense forms, the courts really don't take much if any of the information into account when rendering a decision. Medical insurance for the children however, is required. The state's divorce laws specify that the higher wage earner pay for medical coverage as part of VA child support.

Divorce laws in Virginia require that child support payments be calculated on 'gross' income rather than 'net' income. This effectively transfers more money to the custodian (leaves the non-custodian with less to get by on) than if it were calculated on a net basis. Virginia is one of 29 states that calculates support in this manner. Courts may order Virginia child support to be paid retroactively to the time the petition was filed, so it's always best to pay a fair amount of child support as soon as the one parent separates from the marital home. You are advised to consult with an attorney if you are still in the marital home and are considering moving to another residence. Courts can and do consider the person leaving a home as abandoning the 'family'. The best advice is to stay in the marital home until you have spoken with a divorce attorney.

Calculating child support payments can be done using a child support calculator on-line (try AllLaw.com) or more simply, see the child support payment schedule offered by the state. The state also offers a Child Support Enforcement VA portal for those needing help once a child support court order is in place.

The court will have the authority to order a party to provide health care coverage for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.

This state is similar to other states in their capability to enforce VA child support obligations. Virginia divorce laws permit the state a wide array of enforcement of tools at its disposal. It has the ability to seize income tax refunds, garnish wages, place liens on property, suspend licenses, seize assets and attach property.

Virginia child support ends at age 18 unless the child is still in high school, in which case child support terminates at graduation or age 19.

Virginia Child Custody

Virginia child custody operates under the principle of the best interests of the child. All reasonable efforts will be made to assure minor children of frequent and continuing contact with both parents and encourage parents to share in the responsibilities of raising their children. This is the position of the family court if it is left to sort out the parenting time between parents. You will have the opportunity to hash out a Parenting Plan, Visitation Schedule and/or a Child Custody Agreement. If your efforts fail to reach an agreement, the court gives you the state's generic custody plan after exhausting a mediation process. So do your best to put together plans with your spouse. It's much tougher to go back later and correct things, after the ink is dry.

At least outwardly, there is no presumption awarding VA child custody to one parent in favor of the other. The court has the ability to award custody in unconventional terms (to the father) upon evidence that the best interest of the child would be served. The court may award joint custody or sole custody.

In determining best interests of a child for purposes of setting custody or visitation, the court may consider the following:

	The age and physical and mental condition of the child
	The age and physical and mental condition of each parent;
	The relationship existing between each parent and each child
	The needs of the child, giving due consideration to other important relationships of the child, including siblings, peers and extended family members;
	The role which each parent has played and will play in the future, in the upbringing and care of the child;
	The propensity of each parent to actively support the child's contact and relationship with the other parent. Special care is given to determine if either parent has unreasonably denied the other parent access to or visitation with the child to the other;
	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;
	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; Any history of family abuse.

Visitation
Co Parenting

The parties to a dissolution (divorce) or separation have the opportunity to agree to a visitation schedule which includes the details of the non-custodial's Parenting Time with the children. If the parties cannot agree to a Parenting Plan, Visitation Schedule or Custody Agreement, the court will impose a visitation schedule it deems to be in the best interest of the child. Divorce procedures in Virginia that involve children include the mandate of 'liberal visitation', intended to promote shared parenting.

A liberal visitation schedule can include: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Federal Monday holidays, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, a weekday evening or two per week and open communication by phone and computer.

You may wish to get very detailed in the visitation schedule about what is acceptable and what is not. Consider the following: How does the decree define custody? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

You can get all these issues resolved ahead of or instead of any legal fees by accessing OPTIMAL a comprehensive on-line software provider to divorcing parents. Visitation schedules can be worked out between the parties with this software, reducing costs and time that negotiating with attorneys involves.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates.