Orris Law FIrm

540-227-4061 

Family Law in Winchester, VA

Q: I forsee a potential child custody battle in my future. What can I do now to prepare?

A: First, know the "best interest factors" like the back of your hand and operate accordingly. Second, document any issues you are having with the other parent. If you are already separated and they are not taking their parenting time, keep a calendar. If they are behaving badly, discreetly record them. If they are being unreasonable or uncooperative, get it in writing. Third, when possible, maintain a parenting schedule that you would want long-term. The Court will look to what you have been doing in the recent past when they order a visitation schedule going forward. Last, but not least, contact Orris Law Firm and get specific advice for your particular situation.

 

Q: I made all the money in our marriage. How much will I lose in a divorce?

A: Most likely 1/2 of it. While Virginia practices "equitable distribution," it is presumed that the spouse making less money or no money at all is contributing services for the household or has made concessions at the expense of the bread-winnning spouse.  As always, there are exceptions including inheritance, money spent on a paramour, and governing prenuptial agreements.

 

Q: I rely on my spouse for financial support. How can I afford to separate from him?

A: You can petition the court for temporary relief and request reimbursement of attorney fees. The Court will Order payment based on incomes.

 

Q: Can a non-parent file for custody?

A: Yes. Despite the preference for children to be with their parents, anyone with a "legitimate interest" can file.  You will stand a better chance if the parents are not safe or sober caretakers and you currently have a close relationship with the child and have provided a significant amount of care for them already.

 

Q: What effect will cheating have in my divorce?

A: A cheating spouse is banned from recieving spousal support. Adultury can shorten the mandatory separation period for filing to get you divorced quicker. However, to truly prove adultury is difficult. While cheating can be grounds for a fault-based divorce, more often than not, assets and debts will still be distributed equally. In some cases, there is no effect on the divorce whatsoever. Unfortunately, there is no legal remedy for a broken heart.

 

Q: I caught my spouse cheating. Now what?

A: While you may have walked in and saw it for yourself, it will take more than your word to prove it in court. If you do not have pictures, videos, or DNA evidence, get a written or recorded admission of guilt and consult attorney as to whether it's worth hiring a private investigator.

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