|
Legal Separation in Virginia
The grounds for legal separation are:
1. cruelty
2. willful desertion
3. abandonment
4. reasonable apprehension of bodily injury
One of the spouses must have been a resident of Virginia for at
least 6 months prior to filing for legal separation.
Simplified/Special Divorce Procedures in Virginia
Separation agreements are specifically authorized by statute and
will reduce the time required for living apart by 6 months. In
addition, a spouse may waive service of process, but the waiver
of service of process form must be signed in front of the clerk
of the court. The testimony of either spouse must also,
generally, be corroborated by a witness.
Divorce Mediation in Virginia
There are no legal provisions in Virginia for divorce mediation.
Divorce Property Distribution
Virginia is an "equitable distribution" state. The separate
property of each spouse, consisting of:
1. property acquired prior to the marriage
2. any gifts and inheritances
3. any increase in the value of separate property, unless
marital property or significant personal efforts contributed to
such increases
4. any property acquired in exchange for separate property; will
be retained by the spouse who owns it
The marital property, consisting of:
1. all property acquired during the marriage that is not
separate property
2. all property titled in the names of both spouses, whether as
joint tenants or tenants-by-the entireties
3. income from or increase in value of separate property during
the marriage if the income or increase arose from significant
personal efforts
4. any separate property which is commingled with marital
property and cannot be clearly traced; will be divided equitably
by the court
The court may also order a payment from 1 spouse's retirement
benefits, profit-sharing benefits, personal injury award, or
worker's compensation award, to the other spouse. The factors
for consideration are:
1. the contribution of each spouse to the acquisition, care, and
maintenance of the marital property
2. the liquid or non-liquid character of the property
3. the length of the marriage
4. the age and health of the spouses
5. the tax consequences
6. any debts and liabilities of the spouses, the basis for such
debts and liabilities, and the property which serves as security
for such debts and liabilities
7. how and by whom the property was acquired
8. the circumstances that contributed to the divorce
9. the contributions, monetary and non-monetary, of each spouse
to the well-being of the family
10. any other factor necessary to do equity and justice between
the spouses
Alimony and Spousal Support
Either spouse may be awarded maintenance, to be paid in either a
lump sum, periodic payments, or both. The factors for
consideration are:
1. the opportunity, ability and time necessary to acquire
sufficient education and training to enable the spouse to find
appropriate employment, and that spouse's future earning
capacity
2. the standard of living established during the marriage
3. the duration of the marriage
4. the financial resources of the spouses, including marital
property apportioned to such spouse
5. the contribution of each spouse to the marriage, including
services rendered in homemaking, childcare, education, and
career-building of the other spouse
6. the tax consequences to each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. the educational level of each spouse at the time of the
marriage and at the time the action for support is commenced
10. the property of the spouses
11. the circumstances which contributed to the divorce
12. the extent to which the age, condition, or circumstances of
any child of the spouses makes it appropriate that the custodial
spouse not seek outside employment
13. any income from pension, profit-sharing, or retirement plans
14. any contributions by either spouse to the well-being of the
family
15. the earning capacity of the spouses, including the skills,
education, and training of the spouses and their employment
opportunities
16. any decisions made during the marriage regarding employment,
career, education, and parenting that affected a spouse's
earning potential, including the length of time absent from the
job market
17. any other factor the court deems just and equitable
However, permanent maintenance will not be awarded to a spouse
who was at fault in a divorce granted on the grounds of
adultery, unless such a denial of support would be unjust.
Spouse's Name After Divorce
Upon request, a spouse may have his or her former name restored.
Child Custody After Divorce
Joint or sole child custody will be awarded based on the welfare
of the child, and upon a consideration of the following factors:
1. the age of the child
2. the child's preference
3. the needs of the child
4. the love and affection existing between the child and each
parent
5. the mental and physical health of all individuals involved
6. the material needs of the child
7. the role each parent has played in the care of the child
8. any other factors necessary for the best interests of the
child
No preference is to be given to either parent.
Child Support After Divorce
Child support may be ordered to be paid by either parent, and is
based on a consideration of the following factors:
1. the financial resources of the child
2. the standard of living the child would have enjoyed if the
marriage had not been dissolved
3. the physical and emotional conditions and educational needs
of the child
4. the earning capacity of each parent
5. the age and health of the child
6. the division of marital property
7. the monetary or non-monetary contributions of the parents to
the family's well-being
8. the education of the parents
9. the ability of the parents to secure education and training
10. the income tax consequences of child support
11. any special medical, dental, or childcare expenses
12. the obligations, needs, and financial resources of the
parents
13. any other relevant factors
Official child support guide-lines are provided in the statute,
which are presumed to be correct unless there is a showing that
the amount would be unjust or inappropriate under the particular
circumstances of the case based on the factors above [(1)
through (13)] and the following additional factors:
1. support provided for other children or family members
2. custody arrangements
3. voluntary unemployment or under-employment, unless it is the
custodial parent and the child is not in school, childcare
services are not available, and the cost of childcare services
are not included in the computations for child support
4. debts incurred during the marriage for the benefit of the
child
5. debts incurred for the purpose of producing income
6. direct court-ordered payments for health insurance or
educational expenses of the child
7. any extraordinary capital gains, such as gains from the sale
of the marital home
Continue to
Washington Divorce
Laws |
Resource Article:
Parental Guilt and Kids with Special Needs
For the most part pregnancies are met with the anticipation of a
good delivery and healthy baby. Upon delivery parents do a quick
scan of the child checking for ten fingers, ten toes and if unknown,
a check of the genitals to determine gender. A positive check is met
with a sense of relief and gracious thanks for such beautiful a
child.
However, for any number of reasons, not all children enter the world
equally well equipped. They may have physical, or developmental
challenges that become immediately known or known within the first
year of life. Such children are identified as having special needs.
These are the kids whose development will not follow the normal
developmental curve and will require special services to adapt and
overcome.
In such circumstances parents undergo their own psychological and
emotional adjustment as they adapt to the loss of the well-child as
expected and learn to provide for their child’s extraordinary needs.
Some parents may feel or may actually be complicit in their child’s
special needs. Drug and alcohol abuse are known contributors to
developmental disorders whereas other unforeseen circumstances
beyond anyone’s control may contribute to a child’s special needs.
Regardless, there are a good many parents who whether reasonably or
not, feel complicit in their child’s disorder and suffer tremendous
guilt as a result. This in turn leads some parents to heroic
attention to meeting their child’s needs while others may place
minimal expectations on their child, favoring instead to pamper them
so as to atone for their disability or act with a sense of pity.
Those parents who undertake heroic actions are at risk of burnout
themselves. Further, marriages under such strain are at risk of
dissolving thus actually placing an even greater burden of care on
the primary caregiver, which then intensifies their risk of burnout.
Those parents who opt to pamper their child with special needs and
hold minimal expectations are at risk of their child not fully
developing to potential. Further and similar to parenting
well-children with minimal expectations, there is a risk of
contributing to poor behavior and poor socialization. Even kids with
special needs can be spoiled, become self-righteous and behaviorally
unmanageable from a lack of reasonable expectations.
Sometimes within the same family, the parents are at odds with each
other. One parent may feel a need to pamper, or to provide heroic
actions and the other will try to balance things out by taking an
opposite approach. Hence the parent that pampers is met by the other
parent with overly high expectations. Clearly then, there is a setup
for parental conflict leading to a shaky marriage, not to mention
mixed messages for a child with special needs, who more than
anything else, needs a consistent message.
Parenting children with special needs requires a presence of mind
unlike that of parenting children whose development follows a normal
path. As if issues of guilt, upset and loss weren’t enough, there is
also the fatigue that comes with the continuous supervision these
children require, often in the face of limited support.
Those parents who tend to fare better in their own right share
certain traits. They examine their own feelings with a view to
managing them in a way to avoid interference with the care of their
children and they learn to pace themselves, even if it means
somewhat slower progress for their children.
While all children need their parents, kids with special needs often
need their parents longer… a lot longer.
If you are struggling, meeting the needs of your child or if caring
for your child is hurting your marriage, consider counseling. Look
at your feelings with the view to helping you cope and respond
better. In the long run, as you invest in yourself, you are better
able to support your child, now and for the future. |
