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Common factors required to finalize a divorce

On Behalf of | Mar 16, 2022 | Divorce |

The decision to divorce may not have come easily, but getting through it allows you the opportunity to move forward with a clean slate. After filing the petition, getting through the requisite elements may prove challenging. Without finalizing key issues, a judge will not grant your divorce.

Having a basic understanding of what you need to resolve may help you navigate the divorce process more smoothly. Discover the key issues you and your spouse need to figure out before you may go your separate ways.

What constitutes property division?

Dividing up your marital property is the first thing you and your spouse need to do. Property means real estate, cash, retirement plans and anything you own with a monetary value attached. Marital property means you acquired it while together, even if it is not in both of your names. Virginia uses equitable distribution to split marital property.

What are child custody options?

If you have children, you will have to resolve legal custody and timesharing. Legal child custody refers to the parent who makes legal decisions for the children. Family law judges prefer parents share in legal custody equally; however, that is not plausible in some cases. Timesharing delineates who the children will reside with at any given time. It is a schedule of visitation that the court allows parents to decide when possible.

What support payments apply?

With children comes the financial responsibility for care. If child support applies to your situation, then the court requires calculation before a final decree. Spousal support or alimony may also factor into your divorce. Again, the judge will need this rectified before granting the divorce.

Getting out of a stressful situation may prove beneficial to your family. While it may feel impossible to compromise on some of these issues, it will help you reach a final resolution faster.


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