The Virginia General Assembly usually passes new legislation concerning family law issues on July 1st of each year. Some new laws are only clarifications of existing laws, while others bring about major changes. In 2021, the Virginia General Assembly made substantial changes to Virginia Code § 20-106, which governs the standards for a divorce based on no-fault grounds. Corroborating Witness …
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Yes, Virginia is a state that allows for no-fault divorce. This implies you can divorce without stating your spouse did something to irreparably harm the marriage. This procedure, often known as an “uncontested divorce,” allows a couple to dissolve their marriage in a more timely and cost-effective way. Two Types of Divorce in Virginia There are two types of divorce …
Adultery is defined under Virginia law as “sexual intercourse by a married individual with any person who is not their spouse.” Under Virginia Code 20-91, adultery is a fault-based reason for divorce. Unlike other grounds for divorce, there is no waiting time before filing on the basis of adultery. Adultery is difficult to establish, but if proven, it can have …
Retirement 401(k) and pension accounts are some of the most critical assets acquired by married couples. In a divorce, the parties may need to divide these assets, even if they are only in the name of one spouse. While retirement accounts are generally considered marital property, issues can sometimes develop about how to divide them. Dividing 401(k) Virginia views 401(k) …
As part of the financial disclosure process in a Virginia divorce, each spouse is required by law to disclose all assets, income, expenses, and debt to be equitably divided, and to determine alimony and child support. There is a violation of fiduciary duties if a spouse deliberately conceals the value of their assets because the disclosure requirement has not been …
Financial disputes are not uncommon in a divorce, but matters involving Bitcoin and other types of cryptocurrency can be complicated. Legally it can seem challenging to understand what happens with Bitcoin in a divorce because it was created to be something that was untraceable and easily hidden. Fortunately, it has evolved into something that can be traced when necessary. The …
Virginia is one of the states that still allow at-fault divorces. This means that a spouse can file for divorce based on certain grounds caused by the other spouse’s misconduct. One of these grounds is abandonment. The state defines marital abandonment or willful desertion as the act of knowingly breaking off the marriage by leaving the marital home. The act …
Narcissistic Personality Disorder (NPD) is a psychological disorder which includes traits like a lack of empathy for others, an inflated sense of self, and a deep need for admiration and attention. Divorcing is difficult enough, but a narcissist can make a difficult process even more contentious and troublesome. This is because the narcissist will likely create more blame and problems …
Child custody is one of the most contentious issues in a divorce. In most cases, both parents would want to get custody of their child. However, when determining custody, the court will always base their decision on the child’s best interests. Even when one parent is granted full custody, the other parent will most likely be given enough time to …