When Is a Virginia Divorce Lawyer Necessary? (Part B)

Virginia Child Custody

Child custody is ultimately determined by the Virginia courts "in the best interests of the child". In Virginia, there are 2 main types of child custody; legal custody and physical custody.

The parent with legal custody will be the one who has the authority to make the major decisions affecting the child's life. Know that this does not affect the amount of time the child spends with that parent. Legal custody can include sole or joint custody, meaning both parents have the option of obtaining legal custody over their children, even when those children reside with only one of the parents.

Physical custody refers to where the child will be living and with which parent. Physical custody can be addressed in several ways, including:

• Primary (or sole) physical custody - the child resides with one parent (this does not mean the other parent is excluded from visitation rights)
• Shared (or joint) physical custody - the child spends a good deal of time with both parents (although that time may not be split equally)
• Split physical custody - refers to an arrangement where one child resides primarily with one parent and another child (or children) resides with another. Virginia courts do not favor split custody and it is usually the result of an agreement between both parents.

Having a Virginia divorce lawyer with extensive experience in Virginia child custody matters is critical in ensuring that you and your children receive the living arrangements and visitation schedule that will work best for everyone involved.

Virginia Child Support

Virginia child support is determined by using an established child support formula that takes into account the number of children involved and the income of both parents.

In determining Virginia child support, the court will look at several factors, including; who will be providing health insurance for the children, the cost of their education and after-school activities, and other considerations specific to your household and lifestyle.

Virginia Spousal Support

Virginia has 4 main types of spousal support which will be awarded at the discretion of the court during your divorce proceedings. The types of spousal support available may be ordered individually or in combination with each other, and include:

• Lump Sum Award
• Period Payments
• Rehabilitative Support for a fixed period of time
• Reservation of Right to ask for support at a future time

When determining spousal support, the judge in your Virginia divorce case will look at a wide variety of factors that include:

• The income of both parties
• Standard of living established during the marriage
• Contributions, property, and earning capacity of both parties
• The duration of the marriage itself
• And other specific guidelines set forth by the court

Hiring a Virginia Divorce Lawyer

The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there's also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.

The Virginia divorce attorneys at Hofheimer/Ferrebee P.C. represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule your legal consultation - (757) 425-5200.

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