When facing divorce or custody disputes, families in Virginia Beach often find themselves balancing both the emotional toll of the ordeal and the challenges of navigating Virginia family law. Decisions made during this time affect everything from your relationship with your children to your financial future. Understanding how Virginia law applies to your individual case can help you make the right decisions and take the proper steps to ensure the best possible outcome for you and your family.
At Melone Hatley, P.C., our skilled team of Virginia Beach divorce attorneys is here to guide you through these decisions and challenges. Whether your case involves contested property issues or child custody disputes, we are committed to helping you navigate this time with assertive advocacy and compassion.
What are the Grounds for Divorce in Virginia?
The process for divorce often begins with determining the grounds on which to file. This can be confusing since Virginia recognizes both no-fault and fault-based grounds for divorce, and the grounds you choose can shape the tone and strategy of your case.
No-Fault Divorce in Virginia
In Virginia, a no-fault divorce requires a period of separation before filing – at least one year of separation if minor children are involved, or six months of separation if there are no minor children and both spouses have signed a separation agreement. The benefit of a no-fault divorce option is that it often leads to a more cost-effective and efficient resolution.
Fault-Based Divorce in Virginia
Fault-based grounds for divorce in Virginia include adultery, cruelty or abuse, desertion, or a felony conviction that results in imprisonment for more than one year. Filing on fault-based grounds can influence the outcomes related to property division or spousal support. However, it will require the presentation of clear and convincing evidence of the marital misconduct to the court. This means that the additional attorney and court intervention can be more costly, time-consuming, and contentious.
For Virginia Beach families, choosing between these two options will usually depend on their goals, the potential impact on their finances and custody arrangements, their relationship dynamic, and the availability of evidence of marital wrongdoing.
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How Does Property Division Work in a Virginia Beach Divorce?
Fair property division is one of the tenets of the divorce process. Virginia follows the principle of equitable distribution, which means that marital property is divided “fairly” but not always equally. Equitable distribution takes into account more than just who owns what; the court evaluates the entire picture of the marriage.
Factors the court considers when making these decisions include:
- Each spouse’s financial and non-financial contributions – This includes income, homemaking, and child-rearing contributions. For example, if one spouse stayed home to raise children while the other earned income, the court values both contributions when dividing assets.
- Length of the marriage – Longer marriages often result in more equal distribution of assets, while shorter marriages may lead to different division decisions based on what each party brought into the union.
- Circumstances leading to the divorce – Fault grounds, like adultery or abuse, can impact how property is divided. Courts often consider misconduct when determining what is “fair.”
- Future earning capacity – If one spouse has significantly higher earning potential than the other, the court may adjust the division to account for this imbalance, ensuring the other spouse is not left disadvantaged.
That said, couples are not required to leave property division in the hands of the court. Many spouses are able to reach their own agreement through negotiation or mediation, spelling out how they wish assets and debts to be divided. When couples can create a clear written agreement, it gives them more control over the outcome and can save time, stress, and expense by avoiding litigation. Courts generally uphold these agreements as long as they are fair and properly executed.
Child Custody in Virginia
Few issues are more sensitive in divorce cases than determining the custody of the children. Virginia courts apply the “best interests of the child” standard when making custody decisions, ensuring that any decisions are made with the child’s overall well-being in mind rather than the convenience or preference of either parent.
Virginia law reflects a strong preference for shared custody arrangements whenever possible. Courts generally believe that children benefit from having consistent, meaningful relationships with both parents. By sharing custody responsibilities, parents provide their children with greater emotional stability, continuity of care, and the opportunity to build strong bonds with both sides of their family. This approach not only supports the child’s best interests but also helps reduce conflict by encouraging cooperative co-parenting.
When making custody decisions, Virginia courts consider a wide range of factors, including:
- The child’s age, needs, and existing relationships – Younger children need more stability in daily routines, while older children’s preferences are sometimes considered if they are mature enough to express them.
- Each parent’s role in the child’s care and upbringing – Courts look at who has been the primary caregiver, as well as each parent’s ability to meet the child’s physical, emotional, and educational needs.
- The ability of each parent to foster a positive relationship with the other parent – Courts favor parents who encourage strong, ongoing relationships between the child and the other parent. Attempts to alienate the child from the other parent can have a negative impact on custody outcomes.
- Any history of abuse or neglect – Safety is paramount when the court makes custody decisions. Allegations or evidence of abuse or neglect are taken extremely seriously and can shift custody decisions significantly.
Just as with property division, parents are encouraged to work together to create their own parenting plan. This plan can include custody schedules, decision-making responsibilities, holiday arrangements, and other important details. When both parents agree and the plan supports the child’s best interests, Virginia courts are generally willing to approve it. Reaching an agreement outside of court often reduces conflict and gives parents more control over how they will share the upbringing of their child moving forward.
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Child Support in Virginia
Alongside custody, child support in Virginia is a significant financial consideration in any divorce involving children. The goal of child support is to ensure that children enjoy as much financial stability as possible after their parents separate or divorce. Virginia courts use statutory guidelines to calculate support, but judges may also consider other circumstances to ensure a child’s needs are met.
Key factors courts consider in child support determinations include:
- Both parents’ income, including wages, bonuses, commissions, and other forms of income
- The amount of time the child spends with each parent
- Health insurance premiums, medical care, daycare, and other educational costs
- Special medical or educational needs of the child
Support can also be modified in the future if circumstances have significantly changed.
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Military Divorce in Virginia Beach
Because there are several military installations in and around Virginia Beach, it is home to many service members and their families. Consequently, military divorces are fairly common here. While military divorces follow many of the same basic laws as civilian divorces, they must also recognize specific federal laws that apply to service members and their families.
Some important considerations in military divorce cases can include:
- Residency and jurisdiction – In some cases, service members may be stationed in Virginia but maintain legal residency elsewhere. Determining where to file for divorce can be a critical first step.
- Deployment and custody – When a service member is deployed or relocated, custody and visitation schedules often require creative solutions that can include alternate schedules, virtual visitation, and delegated visitation rights.
- Military pensions and benefits – Pensions and other military benefits are considered marital property under Virginia law and subject to equitable distribution. Federal rules such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) also dictate how assets and benefits are divided and paid.
- Healthcare and commissary benefits – Depending on the length of the marriage and military service overlap, former spouses may qualify for continued benefits and privileges.
- Servicemembers Civil Relief Act (SCRA) – This law protects active-duty service members by allowing delays in court proceedings if military service interferes with their ability to participate.
For military spouses navigating divorce, it is essential to work with a lawyer who has military divorce experience. Attorneys familiar with military culture and procedures not only understand the legal issues at play but also the practical realities of service life, such as deployment demands and the stress placed on military families. This insight ensures that the case is handled appropriately while respecting the unique circumstances of military service.
Why Local Guidance Matters
While Virginia’s divorce and custody laws apply statewide, it’s important to remember that family law varies significantly from state to state. Even within Virginia, different localities can have their own court procedures, preferences, and timelines. These differences mean that local knowledge is more than just convenient. It is essential.
Equally important is an attorney’s familiarity with opposing counsel and the judges who may decide a case. Family law is not handled in a vacuum. Cases are influenced by the personalities, styles, and tendencies of the professionals involved. Having an attorney who regularly appears in Virginia Beach courts and has experience working consistently with these lawyers and judges ensures that clients are not entering the process unprepared.
With local insight, an attorney can anticipate challenges, prepare strategies, and present a case in a way that considers the opposition and resonates with the specific judge. This kind of preparation can make a meaningful difference in achieving a favorable outcome.
Taking the Next Step
If you are facing a divorce or custody case in Virginia Beach or the vicinity, you shouldn’t navigate these challenges alone.
The Virginia Beach family law attorneys at Melone Hatley, P.C. have extensive experience helping families protect their rights, their children, and their financial future. We bring both compassionate counsel and strategic advocacy to every case we represent, ensuring that your voice is heard and your interests are protected. Call us at (757) 296-0580 or schedule a free consultation with one of our Client Services Coordinators today.
Schedule a call with one of our client services coordinators today.
