Virginia Beach Family Law Attorney

Understanding Spousal Support in Virginia Divorce Proceedings

Spousal support is one important point of negotiation that may arise during your divorce negotiation. Note that Virginia law awards spousal support only when it's necessary, such as cases involving long-term marriages, marriages where the spouses have a large income gap, and marriages where a spouse has a disability or doesn't have a job.

The amount and duration of spousal support a court may order will depend on a number of factors, including:

• the incomes and financial needs of both parties;
• the age and mental and physical conditions of the parties;
• the standard of living established during the marriage;
• the length of the marriage;
• the contribution of one spouse to the education, training, or increased earning power of the other spouse;
• the extent to which the age or condition of special circumstances of any child of the spouses would require one spouse to stay home (e.g., to care for the child); and
• the property interests of the parties.

If the divorce is grounded in one spouse’s fault, such as adultery, the court may also take this into consideration when ordering alimony. Visit our Spousal Support page for more specific information.

Navigating Child Custody Laws in Virginia

The child custody and visitation arrangement is another important conversation in family law. Virginia offers legal and physical custody to address the parent’s decision-making authority for the child and who the child will reside with, respectively. These two types of custody may be shared jointly or granted solely to one parent.

Va. Code Ann. § 20-124.3 states that the court must order custody based on what is best for the child. This includes factors like:

• the age and physical and mental health of the child;
• each parent's age and physical and mental health;
• the existing relationship between each parent and the child;
• the child's needs, including a relationship with siblings, peers, and extended family;
• the role that each parent plays in the child's upbringing;
• the willingness of each parent to actively support the child's relationship with the other parent;
• the willingness of each parent to maintain a close and continuing relationship with the child;
• both parent's ability to cooperate in and resolve disputes regarding the child;
• the child's reasonable preference, if the child is of mature age and understanding;
• whether either parent has a history of child or domestic abuse; and
• other relevant factors.

Local Insights on Spousal Support and Child Custody in Virginia

When navigating the complexities of spousal support and child custody in Virginia, it's essential to understand the local context. Residents of areas like Richmond and Virginia Beach often face unique challenges during divorce proceedings, particularly when it comes to financial disparities and child-rearing responsibilities. The Virginia Department of Social Services provides resources that can help families understand their rights and obligations regarding spousal support and custody arrangements.

In Virginia, the courts consider various factors when determining spousal support, including the financial needs of both parties and the standard of living established during the marriage. For many couples in the area, the rising cost of living can exacerbate financial strain, making it crucial to have a clear understanding of what support may be available. Local community organizations often offer workshops and resources to help individuals navigate these financial challenges.

Understanding the local landscape, including the resources available through local government entities, can empower you to make informed decisions during your divorce. Whether you are in Northern Virginia or the Tidewater region, knowing where to turn for support can alleviate some of the stress associated with these proceedings.