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"Our Government teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy"
Louis D. Brandeis DIVORCE Divorce is the legal breakup of a marriage. Like every major life change, divorce is stressful. It affects finances, living arrangements, household jobs, schedules and more. If the family includes children, they may be deeply affected. If you are faced with divorce or separation, please contact me to schedule a free consultation. PROPERTY AND DEBT DIVISION Division of property and debt in a divorce case in Virginia is governed by a system known as equitable distribution. If you and your spouse are unable to come to an agreement on how the marital property will be divided, the court shall use a three step process. First, it will determine what property is marital. Second, it will put a value on the marital property. Third, it will divide the marital property in an equitable fashion, which is not necessarily equal, but rather what is considered to be fair. If you are faced with divorce or separation with property and debt issues, please contact me to schedule a free consultation. SPOUSAL SUPPORT OR ALIMONY Determining the amount of spousal support, if any, is not as objective as determining child support. Spousal support, whether permanent or temporary, is typically decided on a case-by-case basis, because it is very likely that unique circumstances and factors regarding the marriage and the property award will play a significant role in allowing the court to arrive at the appropriate amount. The court may order the support decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order. If you are faced with a spousal support or alimony issue, please contact me to schedule a free consultation. CUSTODY
The court will determine custody in accordance with the best interests of the child and will consider all relevant factors, which at times can get very complicated. Shared or joint child custody has become more and more popular with the Virginia courts. If you and your spouse request to have joint or shared legal and physical custody, it will almost always be granted. However, in a contested custody case, while the court will likely grant joint legal custody (each parent has an equal say so in what school the child attends, what doctors the child sees and what medicines the child takes) it is much less likely to grant joint physical custody. If you are faced with a custody issue, please contact me to schedule a free consultation. VISITATION A parent not granted custody of the child is entitled to reasonable visitation rights which typically includes every other weekend and an equal division of the holidays. However, the court may limit the visitation if, after a hearing, it determines that visitation would endanger the child's physical health or impair his or her emotional development. If you are faced with a visitation issue, please contact me to schedule a free consultation. CHILD SUPPORT The basis for determining a monthly support amount is best achieved by referring to the Virginia child support guidelines. A worksheet is utilized and the court will look at the parties' gross monthly incomes, any health care costs for the child and any work related child care costs in arriving at the appropriate amount of child support. While many child support cases are relatively straightforward, the primary area that can become particularly complicated is calculating the income of a party who is self-employed, earns money from investments or rental property, or has irregular income for any other reason. Another potential area of complication occurs when a parent is intentionally unemployed or underemployed. In these cases, a court may attribute income to the unemployed or underemployed parent. I am experienced at helping clients establish appropriate child support obligations through negotiations or litigation. I am familiar with all of the factors that are relevant to the guidelines as well as the legal standards that can be used to make adjustments from the guidelines. If you are faced with a child support issue, please contact me to schedule a free consultation. SEPARATION AND PROPERTY SETTLEMENT AGREEMENTS Abraham Lincoln perhaps said it best: "Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has the superior opportunity to be a good man. There will be business enough." Divorce litigation can be harmful to families, especially when there are children involved, and so I encourage clients to do their utmost to try and resolve issues, if possible, with their spouse through the use of a separation agreement. Once signed, a court has no authority to modify any terms of the agreement except when it comes to issues involving children such as child support, custody or visitation. While technically a legal separation occurs when a court decrees a divorce from bed and board, the practical effect of a legal separation can be achieved through the use of a Separation and Property Agreement. Most of the Separation Agreements that I prepare are done on a flat rate basis. If you are faced with separating from your spouse, dividing up all of your assets and debts and determining child custody, visitation and support, please contact me to schedule a free consultation. |
Richard D. Harris Jr., P.C. is located in Chesterfield, Virginia and represents clients in Chester, Chesterfield, Colonial Heights, Glen Allen, Hanover, Henrico, Hopewell, Mechanicsville, Midlothian, New Kent, Petersburg, Richmond and Williamsburg and in the counties of Chesterfield County, Hanover County, Henrico County, James City County, New Kent County, Powhatan County and Prince George County.
Copyright 2024 by Richard D. Harris, Jr., P.C. All Rights Reserved.
Copyright 2024 by Richard D. Harris, Jr., P.C. All Rights Reserved.