How long does it take to get a divorce?
Three months to three years, depending on how complex the case is. Most divorces can be concluded within six months to one year.
How much does a divorce cost?
Depending on the circumstances, from about $500 and up. Fees are normally based on the amount of work involved in the particular case. Contested cases involving issues of custody, visitation, child support, spousal support, and equitable distribution will typically cost between $5,000 and $10,000, not counting any appeal. The fewer contested issues involved, the less expensive a case will be.
How is child custody decided?
The best interests of the children; not which parent is most deserving.
How are "best interests of the children" decided?
The judge considers anything and everything about each parents' ability, willingness and track record with respect to child rearing. Parental maturity and stability are frequently decisive factors.
How is child support set?
State guidelines, which are based on the gross incomes of the parents, are usually followed. When the children have extraordinary needs, the judge may adjust accordingly.
How is spousal support set?
Generally, spousal support is set according to one party's need and the other party's ability to pay. The amount of spousal support can be estimated after your lawyer has all the financial data. Even spouses who are guilty of cruelty, desertion or adultery can receive an award of spousal support.
A rule of thumb spousal support formula that is gaining acceptance is:
(28% x Payor's Income) - (58% x Payee's Income) = Spousal Support
How are assets (the house, cars, furniture, retirement accounts, etc.) divided at the time of divorce? And who pays the debts?
The court attempts to make an "equitable distribution" of the assets and liabilities of the marriage. There tends to be a 50/50 division of assets and debts, but equal division is not guaranteed, and the primary breadwinner often gets saddled with the lion's share of the debt.
Will the parent receiving custody be restricted from moving the children out-of-state?
Generally not. The mere fact that visitation by the noncustodial parent will be more expensive, less frequent, and less convenient will not in and of itself constitute a change in circumstances justifying a change in custody. If the noncustodial parent can show, however, that other factors (such as removing the child from his network of friends, school, etc.) make it in the child's best interests to stay in Virginia, the court can keep him/her here.
Am I required to be represented by and attorney?
It is not required, but there are numerous cases wherein people regretted their lack of legal representation.
Can my spouse and I sue the same divorce lawyer, if the divorce is uncontested?
Rarely is this permissible at all. Most lawyers will never do it. The savings are not worth the risk.
A road map through a contested divorce case:
- The basic suit paper, referred to as the bill of complaint, is filed by the spouse seeking a divorce, and then served on (delivered to) the other spouse. The divorce is then filed.
- Within 21 days, the opposing spouse files his or her answer to the suit and possibly also a crossbill (counter suit). (If the counter fill is filed, it must be answered with 21 days.)
- If one party is in immediate need of spousal or child support, or a ruling on temporary custody, he or she will typically require the other party to attend a temporary support hearing within approximately one month. Temporary custody can also be decided at that hearing.
- Through their lawyers, the parties exchange information on all relevant issues in the case, such as tax returns, banking records, expense sheets, medical records, etc. and any information dealing with custody and visitation. Depositions (questions and answers under oath conducted by the lawyers) can be taken. Depositions are one of the major expense items in a divorce. This process typically takes several months in a contested case. (In uncontested cases, this process is frequently skipped).
- Next, there will be a commissioner's hearing, which, in effect, is a trial. The commissioner's hearing is conducted by a commissioner, who is simply a lawyer who has been designated by the court to hear these cases for the judges. The commissioner recommends to the judge how the case should be decided (who gets custody, how much support, etc.) Each party can testify and can expect to be cross-examined. Each party can question witness and introduce documents at the commissioner's hearing as well. In an uncontested case, the commissioner's hearing in a proforma ritual which takes about ten minutes; in a contested case, it is much like real trial and can take days.
- The commissioner issues his report to the judge, and the lawyers for both sides get copies.
- If either spouse does not like what the commissioner has recommended, that spouse has ten days within which to register his or her objections (exceptions) to the report.
- Typically, a few weeks later, the circuit court judge will hear argument on the exceptions to the commissioner's report. At this time, the circuit judge will make final rulings and one of the lawyers will be directed to prepare the final decree of divorce or other order reflecting those rulings.
- If the lawyers cannot agree to the wording of the final decree of divorce or other order, there will need to be another hearing over the wording, at which point the judge usually signs the divorce decree.
- After the final divorce decree is entered, either party may remarry; however, for a period of thirty days following the entry of the final decree of divorce, either party may appeal. For that reason, it is inadvisable to remarry during the first thirty days. Moreover, a final decree is modifiable by the trial court for a period of twenty-one days following the date of entry of the final decree.
- If either side wishes, he or she can appeal the final decree or order to the Virginia Court of Appeals. Such an appeal will normally only involve technical legal issues but still can alter the outcome of the case. An appeal will typically take about a year and will cost $2,500 to $5,000, depending on the complexity. An appeal can end the case, or it can also result in the case being sent back for new proceedings, including possibly a new commissioner's hearing.