FAQs - Family Law

Does Virginia law require that marital property be divided equally between the parties?
No. Virginia is not a “Community Property” State, and it has adopted an Equitable Distribution statute that governs the award of property in a divorce case. In contested cases, the Court must consider a number of factors which include the length of the marriage, the monetary and non-monetary contributions of the parties, the reasons for the dissolution of the marriage and other considerations. Virginia courts must identify and value the marital and separate property of the parties.

If I have a court ordered obligation for spousal support or child support, can I have a binding verbal agreement to modify the amount without changing the order?
No. It is not unusual for parties to agree to changes in the court ordered support contributions after a significant change in circumstances. However, the law requires that there be a modification of the court order for these changes to be enforceable. This can often be done by consent orders, but failure to enter an order changing the amount could lead to enforcement of arrearages form the earlier order.

In child custody cases, are there legal preferences in favor of mothers or fathers?
No. The guiding principal in child custody cases is the best interests of the child. Each of the parents is presumed to have equal standing as the court examines the evidence related to the best interest analysis of each unique case.

At what age does a child have the ability to legally determine a preferred parent for his/her principal residence?
Under Virginia law children under the age of 18 are not able to decide their own legal custody issues. Depending on the age and maturity of the child, a court must consider the child’s reasonable preferences as a factor in determining the best interests of the child. In the negotiation of agreed custody agreements, the parents should always consider the reasonable preferences of older children. It is often useful to allow children to speak to a counselor or therapist about these issues to reduce the stresses of being caught in the middle.

If I have primary custody of my children by court order, do I have the right to move to another State with the children?
Unless the controlling court order clearly specifies the ability to move to another State, such a relocation of children is always considered to be a significant change of circumstances for which the court can reconsider the custodial arrangement. Virginia law requires each of the parties to a custody or visitation order to give the other party, and the court, at least 30 days written notice prior to the move. Contested interstate custody cases are controlled by the Uniform Child Custody Jurisdiction and Enforcement Act and can involve complex procedural and jurisdictional considerations. In relocation cases, the determining considerations are the best interests of the children.