Frequently Asked Questions About VA Divorce
Chesapeake and Norfolk divorce help
The Virginia Beach divorce lawyers of Joseph W. Hood, Jr. & Associates (retired)/Messman Law, PLC offer the following answers to some frequently asked questions about divorce:
- What is the standard for determining custody of a child?
- Can I get a divorce in Virginia if my spouse does not agree to it?
- Can I get a divorce if I do not know where my spouse lives or if my spouse lives out of state?
- How is property divided in a divorce?
- What are examples of separate property?
- What can I do to get a divorce without going to court?
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What is the standard for determining custody of a child?
In Virginia, the court will make child custody decisions based on what is in the best interest of the child if the parents cannot come to an agreement.
Can I get a divorce in Virginia if my spouse does not agree to it?
Yes, it is possible to obtain a divorce, regardless of how your spouse feels about it.
Can I get a divorce if I do not know where my spouse lives or if my spouse lives out of state?
Yes, there are methods available to get a divorce in these situations.
How is property divided in a divorce?
Virginia is an equitable distribution state. This means that the court divides marital property in a way that it believes is fair. Assets and debts are divided equitably. Not all property is considered marital property. The separate property of each spouse is not included in the property division. You are allowed to keep any separate property you own. The court looks at a number of factors in determining how to distribute marital property.
What are examples of separate property?
Separate property includes:
- Property acquired before the marriage
- Gifts and inheritances acquired during the marriage
- Property acquired in exchange for separate property, and
- Any increase in the value of separate property
What can I do to get a divorce without going to court?
There are options that include mediation and collaborative law that provide alternative methods to obtaining a divorce without going to court. Your Virginia matrimonial attorney can offer divorce advice in this area and can explain these excellent non-adversarial options to dissolve a marriage to you.