Virginia Divorce law Issues that must be Resolved

If you live in Virginia and plan to, or are facing a divorce, hopefully you can conclude your Virginia divorce case with all issues resolved by agreement. Contested divorce cases and trials can be expensive, exhausting, and are often unnecessary. People often wrongly assume that their divorce will be "uncontested" because neither spouse wishes to remain married. The reality is that there are usually several other issues to which an agreement must be reached. The following is a brief outline of a few areas that must be addressed in a Virginia divorce case. It is not exhaustive and you should consult with a competent Virginia divorce lawyer about your particular situation.

Children Issues

In cases with children of the marriage the Divorce agreement must address custody of the children and identify which parent will have the primary physical custody. The agreement may generally also state whether the children's residence will be restricted to a particular area or country. The agreement should also identify the others parent's visitation/access rights. There is no mandatory schedule and, if it is shown to be in the best interest of the children, the Court can change custody arrangements. It is important to go into great detail. The more the parties are aware of their rights the easier the process will be. In most cases involving children, one of the parents will pay child support to the other.

Property and Debt Issues

In a Virginia divorce case the division of any assets or liabilities of the parties may be agreed to, by contract or trial. For people who have assets such as a home, pensions, 401k or other retirement accounts, other financial accounts or business interests, as well as people who have significant debts, the property division can be a complicated matter.