If you are getting divorced, you know how stressful and emotional the divorce process can be. There are a variety of things you will need to decide when separating from your spouse, and working with your former partner can be challenging. Fortunately, an experienced divorce lawyer in Chesterfield County can help you along the way.
At Melone Hatley, P.C., we are your partner in the divorce process. Our compassionate and aggressive team of Chesterfield County family lawyers will take an aggressive approach to securing you the best outcome possible t that aligns with your goals. Reach out to us today to schedule a free case evaluation with one of our Client Service Coordinators.
Reasons to Hire a Divorce Attorney Serving Chesterfield County
Hiring a divorce lawyer can be critical for ensuring a favorable outcome when going through a divorce. Even if you are in the minority of couples who can agree on all the terms of your divorce, you should not proceed with signing a divorce agreement until you have consulted a lawyer.
Uncontested Divorces
When going through an uncontested divorce where you and your spouse can agree on the terms of your divorce, an experienced attorney can help ensure that your divorce agreement is thorough and that your rights are protected so you don’t run into any trouble down the line.
Without assistance from a lawyer, issues may arise in the future that are not covered in the initial divorce agreement.
Contested Divorces
The reality is that most divorces are contested, with the separating spouses unable to resolve all of the issues of the divorce on their own. While most couples can agree on how to handle some aspects of a divorce, there are almost always some areas in which the two parties disagree.
A Chesterfield County divorce attorney will work with you to see what you and your spouse can agree on while advising you on what concessions you should and should not make. Once it becomes evident that there is nothing left that can be agreed on, we will work with you to prepare for trial.
Issues That Need to Be Resolved During a Divorce
Divorces that don’t involve children tend to be much simpler as there are fewer issues you will need to resolve. In these cases, spousal support, division of property, and division of assets are typically the biggest disputes that must be settled. For divorces involving children, child support, child custody, and visitation will also be key issues.
Child Custody
During a divorce between a couple with minor children, determining the custody arrangement is typically the most pressing issue. There are two forms of custody that will need to be determined.
Physical custody covers where the children will live and how much time each parent will have to spend with their children. Meanwhile, legal custody covers the rights of each parent to make decisions regarding education, religious upbringing, health, and the overall well-being of the children.
Depending on the specifics of your situation, the court may rule in a variety of ways when determining how custody will be divided. You could receive joint physical and legal custody. Alternatively, the court may award sole custody to you or your ex-spouse or some combination of custody between the two parties. Using Virginia Code the court will consider several factors, including:
- The age of your children
- The developmental needs of your children
- Your children’s cognitive abilities
- Your children’s wishes if they are at least 14 years old
- The relationship between each parent and your children
- The willingness of you and your former spouse to co-parent your children
- The willingness and ability of each parent to meet your children’s needs
- Whether you or your spouse has a history of sexual abuse or domestic violence
Child Support
The main factor taken into consideration when determining child support after a divorce is which parent has primary custody. In most cases, the parent with primary custody will receive child support payments from the other parent.
The amount of the child support payments will be determined by the needs of your children and the financial situation of both you and your ex-spouse using Virginia Code 20-108.1.
Alimony/Spousal Support
For spousal support to be awarded as part of a divorce, one party needs to earn significantly more than the other. Using Virginia Code Section 20-107.1.The court will consider a variety of factors before making a ruling regarding spousal support, including:
- How long the marriage lasted
- The health and age of each party
- Whether either spouse gave up a career to support their partner or children
- The income of both spouses at the time of the separation
- The future earning capacity of both parties
- The distribution of property
- The lifestyle each party enjoyed during the marriage
- Whether either spouse was guilty of misconduct during the marriage, including adultery or abuse
Division of Assets and Property
Unless you and your spouse have a prenuptial agreement, the court will typically look for an equal distribution of physical property and financial assets. However, other factors can be taken into account, including any assets that belonged to a single party before the marriage.
Requirement for a Divorce in Chesterfield County
To be eligible to file for divorce in Chesterfield County, one spouse needs to have been a Virginia resident for at least six months before filing. If both parties are Virginia residents, a Chesterfield County court will be able to rule on all issues in the case. However, if one spouse resides in another state, you will need to speak with an attorney to ensure that the court has the authority to make a ruling in all matters.
No-Fault Divorce in Virginia
Virginia does not require cause for couples to divorce. To file for a no-fault divorce, a couple without children will need to be separated for at least six months with a separation agreement or one year without one. If the couple has minor children, a minimum of one year of separation is required regardless of whether or not there is a separation agreement.
However, you can file for a divorce for cause if your spouse committed adultery or was sentenced to at least one year in jail or prison. In these cases, you can file for divorce immediately.
Get Help From an Experienced Divorce Attorney in Chesterfield County Today
When going through a divorce, having an experienced divorce lawyer serving Chesterfield County by your side can make all the difference. At Melone Hatley, P.C., we are ready to help you navigate the divorce process and meet your goals.
Contact us by giving us a call or completing our online contact form today to schedule a free case evaluation.
