Frequently Asked Questions On Divorce Law

Going through a divorce can be a difficult experience that is unique in every case, but there are also common topics which are brought up during the divorce process. Matters of family law and divorce should be trusted to an experienced family law firm. At DeFazio Bal, our Richmond divorce attorneys are here to answer your questions.

Q: If I owned a business before the marriage, does my spouse still take half?
A: Under Virginia law, property is divided under equitable distribution laws. Property is separated into three categories: marital property, separate property and part-marital, part-separate property. Whether or not your spouse takes some of your business depends on whether they contributed or not. The court would assess the marital contribution value and split the business assets through that calculation and analysis.

Q: Can I receive child support while our divorce is pending?
A: Yes, parties of a divorce may file for child support while the divorce is pending. When a divorce is filed, you may want to file for a pendente lite hearing where the court will assess temporary support, including child support, before the final decree is entered to ensure bills are paid and the children are cared for adequately.

Q: My ex-spouse is making a lot more money now; can I change our child support order?
A: You can seek a modification for a child support order if there has been a material change in circumstances. If there is no agreement, one parent may request a hearing to provide evidence to present their case as to why a modification is necessary.

Q: Can I get sole custody of my children to protect them from my spouse's new partner?
A: Virginia law requires family law judges to focus on what is in the best interest of the child. Sole or joint custody may be awarded, but it is not given to one party as a punishment or reward. Multiple factors are looked at to determine what is in the child's or children's best interest.

Q: Do I have to pay child support if we have agreed on visitation or shared parenting time?
A: There are certain factors, which are taken into account to make a decision on child support payments. Regardless of visitation, the calculation still factors in how much income each party makes, how many overnights visits happen with each parent and how much is paid toward health insurance or employment-related day care expenses.

Contact Us To Learn More

To discuss your family law matter and get case-specific answers to your questions, call us in Midlothian or Glen Allen at 804-419-6551. You can also send us an email.