You are going through an impossibly difficult time. A separation or divorce is often painful, messy, and depressing. If you do not choose the right lawyer to represent you, it can also be very expensive. Schedule an initial consultation with Hampton Roads divorce Lu Aloupas to get an honest assessment of your situation and a realistic take on important issues such as division of property, child custody and support, and the possibility of spousal support. Stop guessing and worrying—call Lu to get real answers about your life after divorce.
What to Know About Divorce in Virginia
Every divorce we handle has unique issues and concerns, which is why we never use a cookie-cutter approach with our divorce clients. We treat each client or potential client with the utmost compassion and respect as we find out what they are hoping to get out of the divorce and help them understand what the near future looks like.
Despite the differences between families, assets, and visions for post-divorce life, all divorcing couples in Virginia are subject to the same legal guidelines. Some important factors to consider in a Virginia divorce include the following:
Grounds of divorce. Virginia allows for both fault and no-fault divorces. In a no-fault divorce, the couple can seek a divorce based on the grounds of living separate and apart without cohabitation for a specified period, typically six months with no minor children and a written separation agreement or one year with minor children. Fault grounds for divorce include adultery, cruelty, desertion, or felony conviction.
Division of property and debts. Virginia follows an "equitable distribution" approach to property division, which means that marital assets and debts are divided fairly but not necessarily equally. The court considers factors such as each spouse's contributions to the marriage, their financial circumstances, the length of the marriage, and any agreements made by the parties. Orders will be needed to divide pensions, 401(k) accounts, and other marital assets.
Spousal support. Spousal support, also known as alimony, may be awarded in Virginia. The court considers factors such as the length of the marriage, the earning capacity and financial resources of each spouse, and the standard of living established during the marriage when determining the amount and duration of spousal support.
Child custody and parenting time. When determining child custody, Virginia courts focus on the best interests of the child. Parents can agree on a custody arrangement, or if they cannot reach an agreement, the court will make a determination based on factors such as each parent's ability to meet the child's needs, the child's relationship with each parent, and the child's preferences (if age-appropriate).
Child support. Child support is determined based on guidelines that consider factors such as each parent's income, the number of children, and any special circumstances. The court will typically order the non-custodial parent to make child support payments to the custodial parent to help cover the child's expenses.
Legal representation. Seeking legal representation from an experienced family law attorney is highly recommended. An attorney will provide guidance, protect your interests, and advocate your position to help you obtain the best outcome given the specifics of your case.
There may be additional considerations for military members stationed in Virginia.
Additional Issues of Concern
If needed, Aloupas Law can assist with the following divorce and separation-related concerns:
Name changes. If you wish to change your name after your divorce has been finalized, Lu can help you with this process.
Enforcement of agreements and orders. If your spouse is not honoring the terms of an existing agreement, Lu can protect your rights.
Modifying or enforcing your final Decree of Divorce. Sometimes circumstances change and exiting orders no longer fit your needs. Lu can help clients modify orders for child custody, child support, spousal support, and other concerns.
Lu Has Been Where You Are and Will Help You Get Through It
You are never just a number at Aloupas Law. Lu knows firsthand what it is like to be a divorced single parent. You can count on her to go above and beyond to ensure that you have the resources you need to move forward with your life.
Please contact us to learn more about our divorce and separation legal services. We offer one-hour consultations in person as well as by phone or Zoom, during which we will hear your story, answer your questions, and give you options on how to proceed, given the facts of your case.