Not all families have a long life together in a happy marriage, and some still have to decide on such an extreme measure as a divorce. We will not try to find out the reasons that push people to this decision, but rather we will briefly describe the procedure for divorce. According to a well-versed legal separation lawyer in Virginia, the issue of property division is often the most difficult in the whole divorce procedure. It is advisable to settle it at the time of drafting the marriage contract, but it is not always possible to accomplish the section without court assistance.
GROUNDS FOR DIVORCE AND CONSEQUENCES
The basis for the termination of marriage can be the statements of either of the spouses, or both. If one of the partners is incapacitated, then his/her guardian can apply. After the divorce, all legal relations between the spouses cease. It remains only to pay alimony if there are underage children. Spouses have the right to decide for themselves what surname to keep after the divorce. There are several points during which the husband cannot carry out the procedure for divorce, in particular during the pregnancy of the wife, and also within a year from the moment of the birth of the child. However, the right to file for divorce at this time remains with the wife, says an aggressive legal separation lawyer in Virginia. If the spouses did not formalize the divorce properly, but live separately and have actually terminated their relationship, their marriage is not terminated. The dissolution of marriage can be formalized either in the registrar’s offices or in court.
The law clearly delineates the property of spouses on their property before marriage and on co-acquired. With the property that belonged to the marriage, there are no problems, it is much more difficult to divide the acquired property together, says an experienced legal separation lawyer in Virginia. First you need to determine what it refers to. The Family Code refers to it:
- Spouses’ income from entrepreneurial and labor activity;
- Pensions, allowances, other monetary payments;
- Securities purchased during the marriage, real estate, shares in the capital, deposits, movables, shares, etc.;
- The results of intellectual work.
When it comes to partition, initially the shares of each of the spouses are recognized as equal. However, sometimes the share of one of the spouses can be increased. The reason for this are the minor children who are dependent on them, a serious illness, and incapacity for work. The court can also reduce the share of one of the spouses.
In the economic aspect of the family unit, the advantages of joint custody are also important. With the shared one, a greater awareness of both parents about the need to contribute to the expenses of the children is achieved, since they become more evident and palpable for both of them on a day-to-day basis, says a reliable legal separation lawyer in Virginia. And the demotivation that occurs when one is avoided is avoided. The parents pays the alimony, with the feeling that it is for the only thing that is used, to pass money to their children.