Frequently Asked Questions:
Family Law

How much can I expect to receive or pay in spousal support?
Spousal Support (often called Alimony) is based on the income and needs of each party as well as a host of other factors, such as the length of the marriage and standard of living established during the marriage. There is no set formula for calculating spousal support, although some counties have rough guidelines. An attorney can help you determine how much you should request or expect to pay in spousal support.

How much can I expect to receive or pay in child support?
Child support is determined according to statutory guidelines, based on the incomes of both parents, taking into account the cost of daycare and health insurance premiums. In limited circumstances a court can deviate from the presumptive amount of child support under the Virginia guidelines. An attorney can help you calculate the child support guideline amount, and also take into account special circumstances such as self-employment, support of other children, and shared custody arrangements.

Can I take the children with me if I leave the marital home?
This is a question that will have to be answered on a case by case basis. If you leave without the children, this may be considered abandonment of them. If you take the children with you, this may be seen as interfering with the other parent's relationship with them. In every case you should do what is in the children's best interest. If you have any questions about what is best in your situation, you should always talk to a lawyer first before making any decision.

Can I take the children and leave the area?
This is a tough question. If there is no prior custody order in place, there is usually nothing preventing either parent from taking the children with them when they move out of the area. However, if the other parent objects to the move, this will give that parent grounds to seek immediate custody from the court, and ask that the children be returned to the area. It is best to seek the advice of a lawyer if you are contemplating leaving the area with your children, so that the facts of your situation can be analyzed from a legal standpoint.

What factors will the court consider in determining custody of the children?
There are a number of factors that the court will consider in determining who should have custody of the minor children. These include the age and physical and mental condition of each child and each parent, the relationship between child and parent, the needs of the child and each parent's ability to meet those needs, the propensity of each parent to actively support the child's relationship with the other parent, the reasonable preference of the child, and any history of family abuse. It is recommended that you hire an attorney to help you protect your interests in any custody and visitation proceedings.

Can I get a divorce if my spouse is in prison?
If your spouse is incarcerated you can still obtain a divorce, it just might take a little longer and can be more complicated. Because your incarcerated spouse is considered an Aincapacitated person,@ he or she is entitled to have a Guardian ad litem (GAL) appointed to protect his or her interests. A GAL is an attorney who will act on your spouse's behalf to make sure his or her rights are protected in the divorce process.

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