Divorce Virginia Hanover Law

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Divorce In Hanover – Virginia Lawyers

If you are facing a divorce in Hanover Virginia, you need an experienced attorney to guide you. First and foremost, we have to determine the basis for a divorce. Our Hanover Virginia attorneys have the knowledge and experience to assist you with your divorce in Hanover Virginia.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Hanover Virginia.

The following is the statute that addresses the grounds for a divorce in Hanover Virginia.

GROUNDS FOR DIVORCE IN HANOVER VIRGINIA:

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

(4), (5) [Repealed.]

(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(7), (8) [Repealed.]

(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.

B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.

A divorce from the bond of matrimony (a vinculo matrimonii).

Virginia Statutes Sub-section Divorce from the bond of matrimony:(Complete and Absolute divorce) Grounds
Va. Code § 20-91 § 20-91(1) 1. Adultery,
§ 20-91(1) 2. Sodomy or Buggery Committed outside the marriage
§ 20-91(3) 3. Felony Conviction Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement
§ 20-91(6) 4. Guilty of cruelty caused reasonable apprehension of bodily hurt,
§ 20-91(6) 5. Willfully deserted or abandoned the other Divorce may be decreed to the innocent party after a period of one year from the date of such act
§ 20-91(9)(No Fault divorce) 6. Lived Separately With out Separation Agreement Parties have lived separate and apart without any cohabitation and without interruption for one year
With Separation Agreement and no child parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption for six months.

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Remarriage Spousal Support Cease Hanover Virginia Law 20-110

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Remarriage Shall Cause Spousal Support/Maintenance To Cease In Hanover – Virginia Lawyers

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Virginia

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HANOVER VIRGINIA LAWYERS – MARRIAGE & DIVORCE

Va. Code Ann. §20-110

§ 20-110. Maintenance and support for a spouse to cease on remarriage.

If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage. Failure of such spouse to notify the payor shall entitle the payor to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

HANOVER VIRGINIA-MAINTENANCE AND SUPPORT FOR SPOUSE TO CEASE ON REMARRIAGE

Virginia Statute

Provisions

Va. Code Ann. §20-110Maintenance and support for a spouse to cease on remarriage If any former spouse to whom support and maintenance has been awarded shall thereafter marry, Such support and maintenance shall cease as of the date of such marriage.
  1. The spouse entitled to current support shall have an affirmative duty to notify the pay or spouse immediately of such remarriage.
  2. Failure of such spouse to notify the pay or shall entitle the pay or to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Hanover – Virginia Lawyers

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Divorce Virginia Law Hanover Resident 20-97

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Divorce Residency Requirements In Hanover – Virginia Lawyers

Divorce Residency Requirements In Hanover Virginia

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HANOVER VIRGINIA- DIVORCE, AFFIRMATION AND ANNULMENT STATUTE WITH TABLE

Va. Code Ann. 20-97

20-97. Domicile and residential requirements for such suits

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.
For the purposes of this section only:

  • If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.
  • Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States enjoys exclusive federal jurisdiction.
  • Any member of the armed forces of the United States or any foreign service officer of the United States who (i) at the time the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.
  • Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have been caused under such circumstances as would entitle the wife to a divorce or annulment.

HANOVER VIRGINIA- DOMICILE AND RESIDENTIAL REQUIREMENTS

Virginia Statute

Description

Conditions

Va. Code Ann. 20-97 Conditions for annulling a marriage or for divorce suit One of the parties is and has been an actual bona fide resident and domiciliary of the Commonwealth for at least six months preceding the commencement of the suit
Va. Code Ann. 20-97 Conditions to be satisfied for any suit affirming a marriage One of the parties be domiciled in, and is and has been an actual bona fide resident of the Commonwealth at the time of bringing such suit.
Va. Code Ann. 20-97(1) When a member of the armed forces is presumed to be domiciled in and to have been a bona fide resident of the Commonwealth A member of the armed forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit.
Va. Code Ann. 20-97(2) When a member of the armed forces is considered to be stationed or residing in the Commonwealth It includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in the Commonwealth or at an air, naval or military base located within the Commonwealth over which the United States enjoys exclusive federal jurisdiction.
Va. Code Ann. 20-97(3) When a member of the armed forces shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding commencement of a suit for annulment or divorce. A member of the armed forces

  1. At the time the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and
  2. Was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country,
Va. Code Ann. 20-97(4) Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have been caused under such circumstances as would entitle the wife to a divorce or annulment.

Divorce Residency Requirements In Hanover Virginia

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Hanover Divorce Process Virginia Law 20-99.2

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Process For A Divorce In Hanover – Virginia Lawyers

Process For A Divorce In Hanover Virginia

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Va. Code Ann. 20-99.2.

20-99.2. Service in divorce and annulment cases

  • In any suit for divorce or annulment or affirmation of a marriage, process may be served in any manner authorized under 8.01-296 or 8.01-320.
  • Any such process served prior to July 1, 1984, shall not be invalidated solely because service was made as prescribed under 8.01-296.

Virginia Statute

Description

Conditions

Va. Code Ann. 20-99.2.divorce and annulment In any suit for divorce or annulment or affirmation of a marriage. Process may be served in any manner authorized under 8.01-296 or 8.01-320.
Any such process served prior to July 1, 1984. Shall not be invalidated solely because service was made as prescribed under 8.01-296.

Process For A Divorce In Hanover Virginia

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Divorce Pendente Lite Hanover Virginia Law 20-103

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Pendente Lite For A Divorce In Hanover – Virginia Lawyers

Pendente Lite For A Divorce In Hanover Virginia

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Virginia Code 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.

  • In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of 16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with 20-108.2, for any child of the parties to whom a duty of support is owed and to continue to support any child over the age of 18 who meets the requirements set forth in subsection C of 20-124.2, (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, or (viii) to compel either spouse to give security to abide such decree. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding.
  • In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.
  • In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit.
  • Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 ( 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.
  • E. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause

Virginia Statute

Description

Orders that can be made

Virginia Code 20-103(A) In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of 16.1-241 orders can be made. The Court may make order:

  • To compel a spouse to pay any sums for the maintenance and support of the petitioning spouse, including providing health care coverage or paying secured or unsecured debts incurred jointly or by either party,
  • To enable such spouse to carry on the suit,
  • To prevent either spouse from imposing any restraint on the other spouse’s personal liberty
  • To provide for minor children’s custody and maintenance including providing health care coverage or cash medical support, or both, for the children,
  • To provide support, calculated in accordance with 20-108.2, for any child of the parties to whom a duty of support is owed and to continue to support any child over the age of 18 who meets the requirements set forth in subsection C of 20-124.2,
  • For the exclusive use and possession of the family residence during the pendency of the suit,
  • To preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, or
  • To compel either spouse to give security to abide such decree.

 

Conditions:

  1. In custody, visitation, or support petition parties should have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court. If good cause is found, the Court may order the [arties in uncontested case also to attend such program.
  2. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities.
  3. Once a party has completed such seminar or program, the required completion of additional programs shall be at the court’s discretion.
  4. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1.
  5. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged.
  6. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program.
  7. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available.
  8. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding
Virginia Code 20-103(B) Upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter certain orders. An order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling may be entered by the Court.
Conditions:

  1. Where an order is entered pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded.
  2. The order may provide for an extension of time beyond the 15 days, to become effective automatically.
  3. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order.

Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.

Virginia Code 20-103(C) In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order. Order providing for custody, visitation or maintenance pending the suit as provided in subsection A.The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit
Virginia Code 20-103(D) Procedure regarding the orders:

  1. Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 ( 20-124.1 et seq.).
  2. Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title 52.
  3. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.
Virginia Code 20-103(E) An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause

Pendente Lite For A Divorce In Hanover Virginia.

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Divorce Custody Support Children Hanover Virginia Law 20-107.2

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Divorce & Custody And Support Of Minor Children In Hanover  – Virginia Lawyers

Divorce & Custody And Support Of Minor Children In Hanover Virginia

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§ 20-107.2. Court may decree as to custody and support of minor children.

Upon entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order that either party or both parties provide health care coverage or cash medical support, or both.

Virginia Statute Description Conditions
Virginia Code § 20-107.2 In certain circumstances upon entry of a decree, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor children of the parties including an order that either party or both parties provide health care coverage or cash medical support, or both. Upon entry of a decree providing for the following:

  • for the dissolution of a marriage,
  • for a divorce, whether from the bond of matrimony or from bed and board,
  • that neither party is entitled to a divorce, or
  • for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order that either party or both parties provide health care coverage or cash medical support, or both

Divorce & Custody And Support Of Minor Children In Hanover Virginia.

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Violation Court Order Custody Visitation Hanover Virginia Law 18.2-49.1

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Charged With Violating A Court Order Regarding Custody/Visitation Defense In Hanover – Virginia Lawyers

There are many different penalties for Violating A Court Order Regarding Custody/Visitation charges in Hanover Virginia.

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Violating A Court Order Regarding Custody/Visitation Defense In Hanover Virginia

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Va. Code Ann. §18.2-49.1

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

VIOLATION OF COURT ORDER REGARDING CUSTODY AND VISITATION; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. §18.2-49.1.KIDNAPPING AND RELATED OFFENSES. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth. Class 6 felony.
Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child First violation Class 3 misdemeanor
Second violation within 12 months of a first conviction Class 2 misdemeanor,
Third violation occurring within 24 months of the first conviction Class 1 misdemeanor.

Violating A Court Order Regarding Custody/Visitation Defense In Hanover Virginia

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Child Support Spousal Support Factors Hanover Virginia Law

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If you need help with a child/spousal support case in Hanover Virginia, our firm can help you.

Virginia Code 20-108.1 provides the factors the court considers when awarding child/spousal support in Hanover Virginia.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Virginia, call us for help.

§ 20-108.1. Determination of child or spousal support.

  • A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.
  • B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.

In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:

    1. Actual monetary support for other family members or former family members;
    2. Arrangements regarding custody of the children, including the cost of visitation travel;
    3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
    4. Debts of either party arising during the marriage for the benefit of the child;
    5. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
    6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
    7. Any special needs of a child resulting from any physical, emotional, or medical condition;
    8. Independent financial resources of the child or children;
    9. Standard of living for the child or children established during the marriage;
    10. Earning capacity, obligations, financial resources, and special needs of each parent;
    11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
    12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
    13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
    14. Such other factors as are necessary to consider the equities for the parents and children.
  • In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.
  • In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
  • Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.
  • Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
  • Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which are subject to garnishment.
  • In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law
Statute Topic Description
Va. Code § 20-108.1(A) Evidence to be considered in determining spousal support The court shall consider all evidence relevant to any issues and each individual case.
Va. Code § 20-108.1(B) Evidence to be considered in determining child support The court shall consider all evidence relevant to any issues and each individual case.Conditions:

  1. In all cases including cases involving split custody or shared custody there shall be a rebuttable presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded.
  2. Liability for support shall be determined retroactively for the period measured from the date of filing of action provided the respondent was properly served or, from the date the Department of Social Services’ order directing payment was delivered to the sheriff or process server for service on the obligor.
Va. Code § 20-108.1(B) Conditions to be satisfied for rebutting the presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded Written findings in the order that the application of such guidelines would be unjust or inappropriate in a particular case.Written finding should state

  • the amount of support that would have been required under the guidelines,
  • a justification of why the order varies from the guidelines, and

shall be determined by relevant evidence pertaining to the factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child

 

Va. Code § 20-108.1(B) Factors affecting the obligation, ability of the party to provide child support and best interests of the child 1. Actual monetary support for other family members or former family members;2. Arrangements regarding custody of the children, including the cost of visitation travel;3. Imputed income to a party who is voluntarily unemployed or under-employed;Income may not be imputed

  1. when a child is not in school
  2. child care services are not available and the cost of such child care services are not included in the computation

when there is a change in a party’s employment imputed income shall be evaluated by considering the party’s good faith and reasonableness of employment decisions

4. Either party’s debts arising during the marriage for child’s benefit;

5. Court ordered direct payments for life insurance coverage maintenance pursuant to subsection D, education expenses, or other court-ordered direct payments for child’s benefit;

6. Extraordinary capital gains such as capital gains resulting from the marital abode’s sale;

7. Any special needs of a child resulting from any physical, emotional, or medical condition;

8. Child’s independent financial resources;

9. Child‘s or children’s standard of living established during the marriage;

10. Each parent’s earning capacity, obligations, financial resources, and special needs ,

11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;

12. Parties’ tax consequences including claims for exemptions, child tax credit, and child care credit for dependent children;

13. A written agreement, stipulation, consent order, or decree between the parties which includes child support amount; and

14. Such other factors as are necessary to consider the equities for the parents and children.

 

Va Code § 20-108.1(C) Health care coverage The court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children if reasonable and health care coverage for a spouse or former spouse.
Va Code § 20-108.1(D) Maintaining life insurance The court shall have the authority to order a party to(i) Maintain any existing life insurance policy on either party’s life provided the party so ordered has the right to designate a beneficiary and(ii) Designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party has a statutory obligation to pay child support.
Va Code § 20-108.1(E) Execution of tax forms or waivers Except where agreement exists on issue of child support, the court shall have the authority to order one party to execute all appropriate tax forms or waivers to grant the other party the right to take the income tax dependency exemption for any tax year or future years, for parties’ child or children for federal and state income tax purposes.
Va Code § 20-108.1(F) Effect of amendment to this section Amendments to this section shall not have retroactive effect, and shall not be the basis for a modification of child support.
Va Code § 20-108.1(G) Child support payments not to be subjected to garnishment Current or arrears child support payments shall not be subject to garnishment.
Va Code § 20-108.1(H) Vocational evaluation by a vocational expert. Vocational evaluation by a vocational expert is ordered including, but not limited to, any interviews and testing as requested by the expert, court may award costs for the evaluation and services of the expertConditions to be satisfied:

  1. In any child or spousal support proceeding when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy,
  2. upon the motion of any party and for good cause shown,

The order will be on the following terms:

  1. It may permit the attendance of the vocational expert at the deposition of the person to be evaluated.
  2. It shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Hanover Virginia, call us for help.

Article written by A Sris
Sris Law Group
1-434-509-4004

Spousal Support Virginia Law Hanover Alimony Divorce

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Spousal Support/Alimony In Hanover – Virginia Lawyers

Whether you are asking for spousal support/alimony or defending against a request a for spousal support/alimony in Virginia, you need an experienced Virginia lawyer to help you with your divorce.

Our law firm has handled numerous divorce cases in Virginia where spousal support/alimony is requested. We have the experience to help you with this issue.

The Virginia Code 20-107.1 lays out the law for spousal support/alimony in Hanover Virginia.

If you need help with a spousal support/alimony in Hanover Virginia and are seeking an experienced Hanover Virginia lawyer to assist you with your divorce, call us.

Virginia Code 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of 20-91 or 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

  1. The 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;
  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under 20-107.3;
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
  10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court’s order. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.

G. For purposes of this section and 20-109, “date of separation” means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and “defined duration” means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to 20-110.

H. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

  1. If known, the name, date of birth and social security number of each party and, unless otherwise ordered, each party’s residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of his employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;
  2. The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;
  3. A statement as to whether there is an order for health care coverage for a party;
  4. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;
  5. If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and
  6. Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law
Statute Topic Description
Va Code § 20-107.1(A) When the Court can decree as to maintenance and support of spouses The court may make such further decree in the following proceedings:

  1. Pursuant to any proceeding arising under subsection L of § 16.1-241 or
  2. upon the entry of a decree providing
    1. for the dissolution of a marriage or
    2. for a divorce, whether from the bond of matrimony or from bed and board or
    3. that neither party is entitled to a divorce, or
    4. for separate maintenance

Maintenance and support payable by the estate of a deceased spouse cannot be decreed.

Va Code § 20-107.1(B) Changing maintenance as per Va Code of § 20-109 Change in maintenance and support shall be subject to the provisions of § 20-109, No permanent maintenance and support shall be awarded from a spouse if there exists a ground of divorce under the provisions of subdivision (1) of § 20-91 in such spouse’s favor but in any case if there exists clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties, support may be awarded.
Va Code § 20-107.1(C) Maintenance payments how made
  1. Maintenance and support of a spouse be made in periodic payments for a defined duration, or
  2. In periodic payments for an undefined duration, or
  3. In a lump sum award, or
  4. In any combination thereof.
Va Code § 20-107.1(D) Reservation of Party’s right to receive support in the future In addition to subsection C, the court may reserve the right of a party to receive support in the future based on the following conditions:

  1. There shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
  2. Once granted, the duration of such a reservation shall not be subject to modification
Va Code § 20-107.1(E) Factors considered in determining whether to award support and maintenance and in determining the nature, amount and duration of the award Factors considered in determining whether to award support and maintenance are the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.Factors considered in determining nature, amount and duration of the award:

  1. The 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;
  2. The standard of living established during the marriage, the duration of the marriage, the age and physical and mental condition of the parties and any special circumstances of the family;
  3. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  4. The monetary and nonmonetary contributions of each party to the well-being of the family; the earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity, the property interests of the parties, both real and personal, tangible and intangible, the provisions made with regard to the marital property under § 20-107.3;
  5. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;. the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  6. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  7. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Va Code § 20-107.1(F) Spousal support in contested cases in the circuit courts, Any order granting, reserving or denying a request for spousal support shall also include a written findings and conclusions of the court

  1. Identifying the factors in subsection E which support the court’s order.
  2. If the support is for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, a specification of the events and circumstances which support the award.
Va Code § 20-107.1(G) Meaning of “Date of separation” and “defined duration” Date of separation means

  1. the earliest date at which the parties are physically separated and
  2. at least one party intends such separation to be permanent provided the separation is continuous thereafter and

Defined duration means a period of time

  1. With a specific beginning and ending date or
  2. Specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110.
Va Code § 20-107.1(H) Contents of the order entered on or after October 1, 1985 in cases where there are no minor children including original orders or modifications of existing orders or orders confirming separation agreements, The order should contain the following:1. Personal details:

  1. If known, the name, date of birth and social security number of each party and,
  2. Unless otherwise ordered, each party’s residential and,
  3. If different, mailing address, residential and employer telephone number, driver’s license number, and
  4. The name and address of his employer;

If a protective order has been issued or if court believes that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;

2. Spousal support amount

  1. The amount of fixed sums of periodic spousal support
  2. The payment interval,
  3. The date payments are due, and
  4. The date the first payment is due;

3. Health care coverage statement

Statement as to whether there is an order for health care coverage for a party;

4. Support Arrearages

  1. To whom an arrearage is owed and the amount of the arrearage,
  2. The period of time for which such arrearage is calculated, and
  3. A direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;

5. If spousal support payments are ordered to be paid directly to the obligee,

  1. The parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and
  2. Any change of telephone number within 30 days after the change

NOTICE:

That in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law

If you need help with a spousal support/alimony in Hanover Virginia and are seeking an experienced Hanover Virginia lawyer to assist you with your divorce, call us.

Article written by A Sris
Sris Law Group
1-434-509-4004

Child Custody Virginia Hanover Law

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CHILD CUSTODY IN HANOVER VIRGINIA

If you need help with a contested child custody case in Virginia, our law firm can help you.

Virginia Court pursuant to Virginia Code 20-124.2 may order custody and visitation.

If you are seeking an experienced attorney to help you with a child custody in Hanover Virginia, call us for help.

CHILD CUSTODY-Va. Code Ann 20-124.2

Virginia Code 20-124.2. Court-ordered custody and visitation arrangements

A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.

B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.

C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.

D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.

E. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to 16.1-266.

Virginia Statute Description Conditions
Va. Code Ann § 20-124.2(A) Court-ordered custody and visitation arrangements The circuit or district court shall provide prompt adjudication on considering the custody and visitation arrangements, support and maintenance and other considerations arising in the matter. The court order a pendente lite order according to § 20-103.
Va. Code Ann § 20-124.2(B) Court-ordered custody and visitation arrangements The court may award joint custody or sole custody. Primary Importance is given to the best interests of the child. Court also orders for frequent and continuing contact with both parents.
Va. Code Ann § 20-124.2(C) Court-ordered custody and visitation arrangements The court may order for child support and may order that it be continued even if the child is over the age of 18 if the child is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs, iv) severely and permanently mentally or physically disabled, v) unable to live independently and support himself, and (vi) resides in the home of the parent seeking or receiving child support.The powers of the court regarding the support of children payable by the estate of a deceased party.The court may also order that either party or both parties provide health care coverage or cash medical support, or both.
Va. Code Ann § 20-124.2(D) Court-ordered custody and visitation arrangements The circuit or district court may order mental health or psychological evaluation as it would assist in determining the best interests of a child and for appropriate payment of costs.
Va. Code Ann § 20-124.2(E) Court-ordered custody and visitation arrangements The court shall make additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103.The court is vested with the authority to punish for contempt of court in case of any willful failure of a party to comply with the provisions of the order.The court may enjoin any person from filing for custody or visitation if one party petitions that it is for the best interest of the child and who had been convicted of murder or voluntary manslaughter, or a felony attempt, or any offense against child or (ii) felony assault resulting in serious bodily injury.The court appoints appoint a guardian ad litem pursuant to § 16.1-266, when such a petition to enjoin the filing of a petition for custody and visitation is filed.

If you are seeking an experienced attorney to help you with a child custody in Hanover Virginia, call us for help.

Article written by A Sris
Sris Law Group
1-434-509-4004