 Domestic Relations cases typically involve some or all of three types of issues:
- Those related to parties' minor children, including disputes over child custody, visitation, child support, etc.;
- Valuation and division of property, including both assets (real estate, furnishings, motor vehicles, business interests, investment accounts, retirement benefits, etc.) and debts; and
- Support and maintenance for one spouse by the other. Such issues may be resolved by the parties alone, with the assistance of their counsel or a mediator, or when the parties are unable to agree, by a judge.
In Virginia, jurisdiction to grant a divorce lies with the various county and city circuit courts. Such jurisdiction also includes the power to make equitable distribution of property and resolve issues of custody, visitation, child support and spousal support (alimony) incident to divorce. The Juvenile & Domestic Relation District Courts have concurrent jurisdiction to decide issues of child custody, visitation, child support and spousal support.
Grounds for divorce vary by jurisdiction. In Virginia, a Circuit Court may grant a final decree of divorce in cases of
- Adultery;
- Physical or mental cruelty, reasonable apprehension of bodily hurt or willful desertion or abandonment, provided the parties have lived separate and apart for one year;
- Conviction for a felony with a sentence of more than one year; or
- Separation, without cohabitation or interruption, for more than one year (or six months, provided there are no minor children and the parties have executed a separation agreement)
In the District of Columbia, so called "fault grounds" divorce have been abolished. The Superior Court of the District of Columbia may grant a divorce after the parties have lived separate and apart voluntarily for more than six months, or twelve months if such separation is involuntarily.
If you are contemplating separation or divorce from your spouse you should contact a knowledgable attorney online or by phone at (703)-313-9401 for a free case evaluation. |
