Virginia Family Law

Virginia laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Code of Virginia
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period.
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation?
a. Waiting period/Separation period 1 year but may be reduced to 6 months if no children.
5. Is mediation required
6. Forms used Juvenile and Domestic Relations District Court Forms
7. Alimony guidelines and factors Spousal support
Alimony formula Spousal support
a. Types Courts may grant "pendente lite" alimony during divorce litigation - they may grant "defined duration" (temporary rehabilitative) alimony, or permanent alimony which lasts until it is terminated by death, remarriage, or a court finding of cohabitation.
b. Term Limits None
Cohabitation Rebuttable presumption - If spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more, the court shall terminate spousal support and maintenance unless otherwise provided by stipulation or contract VA ST § 20-109If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriageVA ST § 20-110
c. Imputing income Spousal support - B. 3.
d. Change in circumstances Changing maintenance and support for spouse
e. Ceases on retirement
Impute income on early retirement "Stubblebine v. stubblebine, 22 Va. App. 703, 473 S.E.2d 72 (1996); Ryan v. Kramer, 21 Va. App. 217,
463 S.E.2d 328 (1995)"
Early retirement for health reasons is involuntary
f. Definition of income
8. Child support factors and guidelines Virginia Child Support - See Chapter 20-108
9. Child support calculator Virginia Child Support - See Child Support Worksheets
10. Lump Sum  Support allowed? Code Section 20-107.1
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility

Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Howell v. Howell, 523 S.E.2d 514 (Va. App. 2000)

c. Standard of value Intrinsic
d. Discounts Allowed when minority owner is being suppressed.
e. Shareholder/partner agreements
 12. Double dip Impermissable double dip, not issue because personal goodwill not divisible
 a. Stock options  
 b. Retirement accounts  Permissable double dip - Moreno  [24  Va App 190; 480 S.E. 2d 792; 1997  Va App Lexis 64]
 c. Child support
 13. Key cases  VA Family Law Cases
 14. Premarital agreements  Uniform Pre-Marital Agreement Act adopted
 15. Common law  


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