Divorce Concepts You Need To Know
These explanations are offered only as a guide and should not be interpreted as a substitute for seeking actual legal advice.
The attorneys of Richard F. Gibbons, Jr., PLC, want you to have a basic understanding of what is happening in your case. The following guide should help you prepare for the many needs of your divorce.
The concept of a no-fault divorce means that there is no underlying reason to file for divorce. “Fault” grounds include domestic violence and adultery. In Virginia, if the parties have minor children, they must have been separated for a year to file for a no-fault divorce. Without minor children and with a signed property settlement agreement, the wait time is six months.
A contested divorce means the two parties do not agree on asset division and other terms of the divorce or maybe even on the divorce itself.
Property division is determined on a basis of equitable distribution of marital assets. This means the court attempts a fair, but not necessarily even, split of assets acquired during the marriage. Assets acquired before the marriage or that were part of a gift or bequeathal to just one party can be considered separate property.
Child support levels will be set by the court and must be paid until either the child is 18 or has graduated from high school. A full-time student living with a parent seeking support can receive child support until age 19. Support levels are calculated by child support guidelines based upon certain needs of the child and the gross income of the parents.
Modifications to existing court orders are sometimes permitted when one party’s circumstances have materially changed such that the existing order or agreement is no longer proper.
This is the enforcement of an existing court order or agreement when one party is not adhering to its terms.
Caring, Efficient Divorce Lawyers
This guide is only a starting place and is not intended to substitute for legal advice. For answers to your questions on the long-term outlook for your divorce, please contact us. You can reach our Fairfax office by calling 571-732-3612 or using our online form.