Put our extensive experience in Virginia divorce law to work for you
Whether your divorce case is one that involves contested court proceedings or the negotiation of an agreement, you need a skilled team on your side. Divorces can involve a number of crucial matters: the division of property and debts with your spouse (referred to as “equitable distribution”); the custody and visitation of your children; child support; and spousal support (sometimes referred to as “alimony”). The attorneys at Simmons and Hodge, PLC have been litigating and resolving these issues with confidence and success for decades.
Your divorce case may involve:
- Uncontested Divorce/Marital Separation Agreement: In many cases, the parties intend to reach an agreement and stay out of court. This has many advantages, and we at Simmons and Hodge make every effort to resolve cases amicably, on terms favorable to our clients.
- Contested Divorce: This phrase refers to divorce cases where one or more issues (e.g., property and debt division, custody, spousal support) are not resolved by agreement and need to be litigated in Court. The laws governing marital fault, equitable distribution, child custody, and spousal support are complex and require representation by skilled and experienced counsel.
- Military Divorce: Special considerations can apply where one of the spouses in a Virginia divorce is a member of the military. For example, if a spouse is deployed overseas during the divorce, certain protections under the Servicemember’s Civil Relief Act can result in the proceedings being delayed. Military members are often entitled to retirement benefits that are subject to division in the divorce, and your attorney must be very familiar with the law affecting those benefits to ensure that your rights are protected. Also, a military member’s family may be awarded visitation of the member’s children in his or her stead while he or she is deployed, under the Virginia Military Parents Equal Protection Act, §§20-124.7 through 20-124.10.
- “Equitable Distribution” of property in divorce is governed by §20-107.3 of the Code of Virginia. It requires that the Court determine which part of the property is “marital” and which part is “separate.” Only the marital portion is subject to division between the parties; the portion that is separate remains with the owning spouse. “Marital” property, generally speaking, is the property that was acquired during the marriage by some means other than bequest, descent, or survivorship. Marital property division is subject to the discretion of the Court, which is guided by various “factors” the Court must consider.
Equitable distribution often involves the allocation of real estate, which can involve the sale of the real estate and the division of proceeds, or it may involve one spouse paying the other a sum of money (“monetary award”) for the other’s interest in the property. Equitable distribution in divorce can also involve the division of pensions and other retirement assets via specialized orders called “qualified domestic relations orders,” or QDRO’s. - Spousal Support is subject to the discretion of the Court, but the Court again must consider certain “factors” under §20-107.1 of the Code of Virginia. Spousal support is often one of the most highly contested issues in divorce litigation.
All of these issues can be exceedingly complex, and require the involvement of experienced counsel to guide the case to the appropriate result.
❓ Frequently Asked Questions (FAQs)
Q: What is “legal separation”?
A: There is no legally recognized status of “legal separation” in Virginia, and parties do not file in Court to have themselves declared separated. Marital separation occurs when married people stop cohabiting with one another, as long as one of them has the intent to make the separation permanent.
Q: Do all divorces require a one-year separation?
A: No. Divorces granted on adultery or the conviction of a felony with a one-year or more prison sentence do not require a one-year separation. Also, in cases where the parties have a separation agreement and no minor children, the divorce can be granted on a separation of six months. Other grounds require a one-year separation.
Q. If property is titled solely to me, is it my separate property?
A. Not necessarily. Title to property does not govern the classification of it as marital or separate. That is determined by how and when the property was acquired. But title does restrict the Court’s remedy in dividing the property, which is to make a “monetary award” to the non-owning spouse for his or her interest in it.
Q. Is there an advantage to proving that the other spouse was guilty of “fault” in the marriage?
A. The equitable distribution statute directs the Court, in dividing the marital estate, to consider “the circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce...” But this does not mandate that the Court give the other spouse more of the marital property. The Court can disregard the existence of fault in certain circumstances, particularly if there was no “economic impact” resulting from it.
Q. Will my spousal support obligations end when I retire?
A. A person’s retirement at full retirement age is recognized as a “material change of circumstances” that would warrant the Court considering ending or modifying spousal support. But retirement is not necessarily a guarantee that spousal support will be terminated, unless the parties have an agreement that says so.
Contact the attorneys at Simmons and Hodge, PLC today
Call our office at 540-710-7800, or contact us online.
