Top Quality Legal Representation in the Richmond Area, Virginia

Richmond, VA Divorce Lawyer, also in Henrico County, Chesterfield County, and surrounding areas

In Richmond, Virginia, or in Henrico County, going through a divorce is a mentally, emotionally, and financially taxing experience.  We can provide you with competent legal advice so that you can make sound decisions during these difficult times.  Some of the divorce issues that we handle in Richmond VA include:

Divorce grounds in Richmond VA, Henrico County, and Chesterfield VA

Virginia divorce law as applied by the courts in Richmond and Henrico states that to file for divorce you must properly establish divorce grounds.  In the Richmond VA courts, grounds for divorce include mental and physical cruelty or domestic abuse, desertion, adultery, or one years' separation (no fault divorce in Richmond Virginia). 

When filing for a divorce in Richmond VA, the complainant must understand that different grounds for divorce in Virginia have different standards of prove.  As an example, to file for divorce in Richmond VA based on grounds of adultery requires specific pleadings, unlike in other situations, notice pleading is not enough.  In Richmond Virginia adultery is still considered a crime.  Allegations of adultery are subject to a heightened standard of proof in the Richmond and Henrico County courts. 

Similarly, in Richmond and Henrico, other divorce grounds require specific proof.  To obtain a Virginia divorce on the grounds of cruelty requires proof of some overt physical act.  Not getting along is simply not enough and in some courts, the concept of "mental cruelty" is treated like an illusion.

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Child custody matters in Richmond, Chesterfield, or Henrico VA

We handle child custody cases in Richmond VA and in Henrico County, from those cases where the parties enter into a parenting agreement, to those requiring a full trial in the Richmond or Henrico Virginia Juvenile and Domestic Relations Court, to those appealed to the Richmond or Henrico Circuit Court, and even those appealed to the Virginia Court of Appeals in Richmond.  Every Virginia child custody case is unique and every case is provided the utmost care and dedication.

In Virginia, child custody cases are decided by evaluating the following Virginia child custody statutory factors.  

  1.  The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs. - The court will consider the age of the child and the care necessary for a child of that age, mental, and physical condition  when considering this child custody factor in Virginia.  A newborn child obviously need different care than a teenage child.  A child custody decision in Virginia will focus on determining who is the parent better suited to attend to the needs of the child...now. 
  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. - This is an extremely important child custody factor in Virginia.  The ability of parents to work together to promote the best interests of the child can't be underestimated.  When a parent alienates the child from the other parent for no good reason (good reason meaning in the child's best interests, not in the parent's), the court will generally not look favorably at that parent when determining which parent will get custody of the child.  There are only very few "reasonable" circumstances when a court will not look unfavorably at a parent's acts of denying visitation to the other parent.
  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.
  10. Such other factors as the court deems necessary and proper to the determination.

The factors are not given the same weight.  We can assist you in properly preparing your case by explaining which factors will have the most importance for your specific Richmond or Henrico child custody.

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Child support matters in Chesterfield, Henrico, or Richmond VA

Under Virginia law, as applied by the Richmond area courts, both parents have an absolute duty to support their children.  Richmond, Henrico, and Chesterfield courts have enacted child support guidelines that control the award of child support in Virginia.  The Virginia child support guidelines consider the combined income of both parents as well as the cost of medical insurance for the children, extraordinary medical expenses, the cost of daycare, and the support being provided for other children. 

In Richmond, Henrico, and Chesterfield, the Virginia child support guidelines are presumed to provide the correct level of Virginia child support.  The Richmond area courts will rarely deviate from the statutory child support guidelines. 

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Spousal support legal issues in Henrico, Chesterfield, or Richmond VA

Upon entry of the Final Decree of divorce, a Richmond, Henrico, or Chesterfield VA court may award spousal support.  This award of Virginia spousal support may be permanent, meaning until the death or remarriage of the receiving spouse, or for a defined period of time.

The factors that a Virginia court in Richmond, Henrico, or Chesterfield must consider when awarding spousal support are the following:

  • The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  • The education and training of the parties and the ability and opportunity of the parties to secure such education and training;
  • The standard of living established during the marriage;
  • The duration of the marriage;
  • The age and physical and mental condition of the parties;
  • The contributions, monetary and non monetary, of each party to the well-being of the family;
  • The property interest of the parties, both real and personal, tangible and intangible;
  • The provisions made with regard to the marital property; and
  • Such other factors, including the tax consequences to each party , as are necessary to consider the equities between the parties.

As is the case with most Virginia divorce law, a Henrico, Chesterfield or Richmond Court's authority to award spousal support at the conclusion of the Virginia divorce suit is controlled by statute.  The judge must strictly follow all the statutory requirements to keep from being reversed by the Virginia Court of Appeals in Richmond.

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Property distribution law in Chesterfield, Richmond Virginia, or Henrico VA

A Chesterfield, Henrico, or Richmond court cannot distribute property until the end of the divorce lawsuit.  There is no temporary property distribution in VA. The Richmond area courts can enter an order enjoining the parties from dissipating financial assets.  In other words, the court can "freeze" the property so that it will be available for distribution at the end of the divorce.

Under Virginia law, as applied in Richmond, Henrico, and Chesterfield, property can be marital, non-marital, or hybrid. Marital property is property that is either jointly titled, or acquired during the marriage other than by gift from third persons or by inheritance, no matter how titled. A Richmond, Chesterfield or Henrico court may distribute marital property as part of a Virginia divorce. Separate property is property acquired before the marriage in the sole name of either party, and property acquired by one party solely during the marriage by gift from third persons or by inheritance, or with the proceeds of separate property, if the  property was kept separate during the marriage.  A Richmond area court does not have the authority to distribute separate property during a Virginia divorce. Virginia follows an "equitable distribution" of property theory for distributing marital property.  This means that property is not necessarily divided equally between the husband and the wife, but the court attempts to make an equitable of fair distribution. This approach is followed by the Chesterfield Circuit Court as well as by the Henrico and Richmond area courts.

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Separation agreements

Under Virginia law, as applied by Henrico, Richmond, and Chesterfield courts, if the husband and wife have signed a separation agreement in Richmond VA, the terms are usually binding on the court.  There are exceptions. For example if the Virginia separation agreement is unconscionable or entered into under duress or diminished capacity, the separation agreement may not be binding on a Henrico, Chesterfield or Richmond VA court.  Similarly, child custody is determined based on the best interests of the child and not necessarily the parents' wishes.  A poorly drafted Virginia separation agreement is sometimes worse than not having an agreement at all!  Therefore it is strongly recommended to have a Virginia separation agreement that is drafted by a Virginia lawyer.

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Uncontested Divorce

To be able to obtain a Virginia uncontested divorce in Richmond, Chesterfield, or Henrico, neither the husband nor the  wife may assert causes for divorce.  In most situations, a written separation agreement is also required.

A Virginia divorce lawyer with our practice is also a tough, fair, and skilled negotiator practicing in the Chesterfield, Henrico, and Richmond Courts.  We will provide you with expert Virginia divorce advice to reduce the difficulties and uncertainties associated with the Virginia divorce process.

Contact a Richmond VA, Henrico County, or Chesterfield Virginia divorce lawyer.

 

Our Virginia (VA) criminal defense, divorce, child custody, reckless driving, dui and federal court attorneys represent clients throughout Virginia. Some of the jurisdictions we serve include:

Henrico County VA, Richmond City, Chesterfield County VA, Hanover County VA, Petersburg County VA, Hopewell, Petersburg, Dinwiddie,  Fredericksburg, Stafford, Spotsylvania VA, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Charles City, James City, Prince George, Sussex, New Kent, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, and Newport News Divisions).