Virginia Divorce Custody Basics – Answers to 5 Key Virginia Divorce FAQs

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Q: Does the timing of a separation matter in a Virginia divorce?

Yes, it can. The timing of separation is important for obtaining a divorce in Virginia. To qualify for a no-fault divorce, you must be separated and live apart for a certain period:

  • One Year: You can obtain a no-fault divorce if you and your spouse have been separated and living apart for a full year.
  • Six Months: You can qualify for a no-fault divorce after just six months of separation if you have no minor children and a written settlement agreement regarding your property.

Q: What happens during a “fault” divorce? What’s the sequence of steps?

A “fault” divorce is based on specific grounds, which include:

  • Adultery
  • Desertion
  • Cruelty
  • Felony conviction with incarceration for more than one year

In a fault divorce, you can file immediately without needing to meet the six or twelve-month separation periods. These cases are typically more complex, but filing allows you to seek court remedies to stabilize the situation.

Q: What are the types of custody in Virginia?

There are two main types of custody in Virginia:

  1. Legal Custody
  2. Physical Custody

Q: What is legal custody?

Legal custody refers to the authority to make important decisions about the child’s upbringing, including education, medical care, and religious instruction. In most cases, the court prefers to award joint legal custody, meaning both parents share these responsibilities. However, in certain circumstances, such as if one parent has deserted the family or is suffering from a severe mental illness, the court may award sole legal custody to one parent.

Q: What is physical custody?

Physical custody refers to where the children live and which parent takes care of them on a daily basis. This arrangement can be settled through an agreement between the parents. If the case goes to court, the court will consider which parent has been the primary caregiver—responsible for daily care, feeding, and supporting the children.

  • The parent who has physical custody most of the time is called the custodial parent.
  • The other parent, often referred to as the non-custodial parent, typically has visitation rights.

Need Legal Assistance?

If you need help with your Fairfax, Virginia divorce, contact the experienced attorneys at DiPietro Law Group, PLLC for a consultation at (888) 530-4374.