Divorce can mean different things to different people. For some, it is a highly emotional process that comes out of nowhere. For others, it is the necessary legal step taken to move on with life.

No matter what direction you are approaching your divorce, working with an understanding divorce attorney can make all the difference. Roanoke Virginia Family Lawyer Wilson C. Pasley provides honest, experienced representation to clients facing a divorce and related issues.

When litigation cannot be avoided you need to divorce lawyer to stand strong in your corner. With years of courtroom experience, you count on Roanoke, Virginia Attorney Wilson C. Pasley.
Below we have provided you with some basic information on divorce in the State of Virginia.

Grounds for Filing:
The Complaint for Divorce must declare the appropriate Virginia grounds upon which the divorce is being sought. The divorce grounds are as follows:

Either husband or wife may obtain a Roanoke, Virginia divorce from the bond of matrimony on any of the following grounds:

No Fault:
1) One year of husband and wife living separate and apart from one another; or
2) Six months of husband and wife living separate and apart from one another, a separation agreement, and no minor children.

Fault:
1) Adultery;
2) Conviction of a felony and in excess of one year of incarceration;
3) Cruelty; or
4) Abandonment or desertion.

Equitable Distribution of Property
Either party to a Roanoke, Virginia divorce may ask the court to “equitably distribute” the parties’ property. The equitable distribution of property during divorce proceedings requires the court to determine whether property is marital property, separate property, or part marital and part separate. Once the court makes this determination, it must then “equitably distribute” the marital property according to statute.

Marital Property is property:
1) In the names of both husband and wife, except as otherwise provided by statute; and
2) Any property not classified as separate property.

Separate Property is property:
1) Belonging to either husband or wife prior to the marriage;
2) Obtained by either husband or wife during the marriage by “bequest, devise, descent, survivorship or gift” from a third party;
3) Obtained by either husband or wife during the marriage with the proceeds acquired through the sale of separate property, so long as property acquired continues to be separate property; and
4) Any property obtained by either husband or wife after husband and wife have separated.

Part Marital and Part Separate property is any property so classified under Section 107.3(A)(3) of the Code of Virginia. The portion of any property classified as “part marital” under this statute is Marital Property. Likewise, the portion of any property classified as “part separate” under this statute is Separate Property.

Spousal Support
Any party to a Roanoke, Virginia divorce may ask the court to require that the other party pay spousal support. Spousal support is not available in a Roanoke, Virginia divorce based on adultery, unless the court makes a finding of manifest injustice based upon each spouse’s portion of blame for the failure of the marriage and the economic situation of both husband and wife.

In all other circumstances, the court has the discretion to award spousal support to a party to a Roanoke, Virginia divorce, but must consider the reasons that caused the marriage to fail and the factors listed in Section 20-107.1 of the Code of Virginia.

Custody/Visitation
A court’s decisions with respect to Roanoke, Virginia child custody and visitation are guided by what is in the best interests of the child. Virginia law gives children the right to spend significant amounts of time with both parents. A court may award joint legal custody to both parents and sole physical custody to one parent, which is where both parents are responsible to care for and make decisions regarding the child but where the child mainly lives with one of the parents.

A court may also award joint legal custody and joint physical custody to both parents, which is where both parents are responsible to care for and make decisions regarding the child and where the child lives with both parents. A court may also award sole custody to one parent, which is where one of the child’s parents is responsible to care for and make decisions regarding the child and where the child lives mainly with that parent.

A court may award custody to someone other than the parents, who is called a person with a legitimate interest, if that person proves by clear and convincing evidence that it is in the child’s best interest for that person to have custody of the child. A court may alter its Roanoke, Virginia child custody or visitation decisions if there is a material change in circumstances justifying a change.

Child Support
Under Virginia law, both parents must provide financial support to their children. Therefore, an appropriate amount of child support must be paid by any parent who does not have sole physical custody of a child to the parent who does have sole physical custody. The amount of child support as determined by the Virginia child support guidelines is the presumptively correct amount of child support that a non-custodial parent must pay. However, this presumption may be rebutted based on the factors in Section 20.108.1 of the Code of Virginia. A court may make a change to the amount of child support that a non-custodial parent must pay if there is a material change in circumstances justifying a change.

Property Settlement Agreements
Parties to a Roanoke, Virginia divorce may enter into a property settlement agreement regarding the division of property, custody and visitation of children, child support, spousal support, and other issues arising in a Roanoke, Virginia divorce. Courts will almost always enforce such property settlement agreements.

Court Procedures
Depending upon the locality, evidence in a divorce may be taken through depositions, before a commissioner in chancery, or before the court. Hearings pertaining to custody, child support, or spousal support may be before a Circuit Court or a Juvenile and Domestic Relations District Court, depending on the circumstances.

Emotional tensions in an unhappy marriage can make it difficult, if not impossible, for the average couple to deal coolly or objectively with divorce and separation. Roanoke, Virginia Attorney Wilson C. Pasley is ready to fight for your rights in of the law of divorce, custody, and related family law issues.