Family Law Archives - Page 3 of 4

Difficulties in Divorce: Dealing with Retirement Accounts

May 5, 2014 By Marc Leave a Comment

Richmond highway — Courtesy of jeff horne via flickr.com
license link

Any Virginia Divorce Lawyer will tell you that the first consultation with a potential client is a difficult task. Going through a divorce is a painstaking process, especially when the parties have significant marital assets and/or debts to distribute.

One of the most common headaches is figuring out how to divide retirement accounts. Most people are exceedingly frustrated to learn that they might have to fork over a portion of their retirement to their ex-spouse (the frustration boils if their spouse is the one seeking a divorce). We thought it would be appropriate to answer a few FAQs.

What portion of your retirement account does your spouse get under Virginia law?

As with most things, it depends. Only the “marital” portion of a retirement account is subject to division and distribution by a Judge. Generally speaking, the marital portion of your retirement account is the amount of your contributions from the date of your marriage to the date of your separation (appreciation/depreciation of that amount is typically considered as well). However, what your spouse actually gets really depends on the other circumstances of your case.

Are there ways to avoid giving your spouse a portion of your account?

In many cases, yes! There are several ways to potentially avoid splitting up a retirement account. A couple of common examples:

Even if you have a retirement account with marital assets that is subject to distribution by the Court, so too might your spouse. His or her accounts might offset or exceed your own. If that is the case, you might not have to divide up the retirement account in your name.
You may have other assets that could offset the retirement, or you might be able to assume marital debts to make up the difference.

What is a QDRO?

A QDRO (qualified domestic relations order) is a Court Order that divides up a retirement account. Once the order is signed by a Virginia Judge, it is usually forwarded to the company holding the retirement assets. Ordinarily, that company will review the QDRO and, once it is approved, they will divide the retirement funds into two accounts, one for each spouse. For more information, look at our QDRO Page.

Can the Court split up a Pension Plan?

Yes. The Court can also order the division of pension plans and military retirement accounts. Typically this is done with a QDRO, resulting in a portion of the account holder’s monthly payment being diverted to their ex-spouse.

If you are going through a divorce in Virginia and have retirement assets, it is important to speak with a experienced divorce attorney for specific advice. There are ways to protect your interests and the right divorce lawyer can help. At BoykoNapier, our attorneys have experienced dealing with complex marital retirement issues. Call us at (804) 658-3418, or contact us via email to discuss your case today. We handle cases throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities.

Child Support in Virginia: What You Should Know About Upcoming Changes in the Law!

April 16, 2014 By Marc Leave a Comment

child doing math — Courtesty of www.audio-luci-store.it via flickr.com
(license link)

Our legislature has stepped up to the plate and enacted new child support laws and guidelines. The new guidelines will mark the first amendment in over 25 years. Highlighted below are two significant changes to the Virginia Child Support laws:

Child Support Guidelines

If you look at the current Virginia Child Support Guidelines statute (Va. Code 20-108.2), you will see a long table with presumptive monthly child support obligations, based on the combined monthly gross incomes of the parents–aptly titled “Schedule of Monthly Basic Child Support Obligations”.

This table will be different in July 2014 when the amended statute takes effect. If you look at the revisions (here: HB 933), you will immediately notice the differences. The most notable:

There are new minimum amounts for the lowest income range, and the support figures change depending on the number of children.
The new guidelines have specific support figures for combined gross incomes over 10,000, all the way up to 35,000.

Should you file to amend your current order based on these new child support guidelines?

Possibly! Depending on the circumstances, the new law may substantially increase or decrease the support amount in your case. We would strongly suggest that you consult with an experienced family law attorney to determine whether the new law would lead to a deviation from the current amount that is significant enough to warrant the filing of a motion to amend your support order.

Unreimbursed Medical Expenses

The current law requires that the custodial parent foot the bill for the first $250.00 in “reasonable and necessary unreimbursed medical or dental expenses” for each child who is the subject of the support order (unless the parties otherwise agree, or good cause is shown as to why this should not be the case). After the first $250.00, the parties typically divide additional unreimbursed expenses in proportion to their gross incomes. See Virginia Code 20-108.2(D).

The new law removes the $250.00 threshold. This means that, absent good cause or an agreement to the contrary, the parties will proportionately divide all reasonable and necessary unreimbursed expenses. This is a significant change for custodial parents—especially those with 2 or more kids who have currently been obligated to pay $500+ each year in unreimbursed expenses, before the other parent even becomes responsible for a portion.

Should you file to amend your current order based on this change in the law?

If you are the custodial parent and your order requires you to pay the first $250.00 of unreimbursed medical expenses, you should contact a Virginia family law attorney to discuss your options. It may be worthwhile to pursue an amendment to your order.

The Virginia trial lawyers at BoykoNapier practice family law throughout the Richmond area, including Henrico, Chesterfield, Hanover and the surrounding localities. If you are considering a review of your child support order, contact BoykoNapier today at (804) 658-3418, or contact us via email.

Difficulties in Divorce: Filing Your Tax Returns

February 14, 2014 By Marc Leave a Comment

It’s that time of year: Tax Time!

Each year, as the dreadful deadline of April 15 approaches, we are confronted with questions from clients about how they should deal with filing taxes. These inquiries are so common we thought it might be beneficial to post a few bits of information in order to highlight some issues that frequently arise. Please note: you should be sure to speak directly with your tax-advisor or attorney for specific advice regarding your tax filings.

Situation A: Separated, but not yet Divorced.

Do I file jointly or separately?
Who claims mortgage interest deductions?
Who claims the children?

These are very good questions. If you have a current custody and/or support order, or a property settlement agreement, be sure to check whether these issues are addressed. It is common for court orders and agreements to address all of these issues, as it makes the process of filing taxes easier on both spouses. It would also be wise to consult the Internal Revenue Service’s website, as it answers a lot of common questions.

It is important to speak with your tax-advisor or attorney before deciding whether to file jointly or separately. Often times, it will make more financial sense to file jointly because of the tax benefits—however, a joint filing can create arguments over how to divide the tax return. It is common for the tax refund to be held in escrow by your attorney until you and your spouse can agree on the division of the refund. If your spouse claims a deduction (i.e. mortgage interest, children) that you believe you might be entitled to, it would be wise to immediately consult an attorney or tax-advisor.

Situation B: Separated part of the year, Final Decree of Divorce entered in the tax year.

Do I have to file jointly?
Can I file separately?

Again, great questions. If this situation applies to you, we strongly suggest you refer to the Internal Revenue Service’s website and the Virginia Department of Taxation website. If your divorce was finalized, be sure to double check your divorce decree to determine if these issues are addressed.

Can I be held liable for my soon to be ex-spouse’s tax debt?

Maybe! If your husband or wife has tax debt/liens which you are aware of, be sure to bring this to your attorney’s attention. If you have already filed and the IRS has put you on notice that a portion or all of your tax return will be deducted for your ex-spouse’s tax debt, contact an attorney right away. You should also refer to the Innocent Spouse Relief information through the IRS website. You can apply to be held harmless from your spouse’s tax debt under certain circumstances.

If you have additional questions, please contact the attorneys at BoykoNapier. Our Virginia family law and divorce lawyers handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding communities. Please call us at (804) 658-3418, or contact us via email.

The Facebook Frenzy in Virginia Family Law Cases

January 20, 2014 By Marc Leave a Comment

Father with daughter and beer — Courtesy of Mooganic via flickr.com

Take a look around our social media-driven world and you will struggle to find someone who is not active on Facebook, Twitter, or Instagram. Our newfound desire to publish snippets of our personal lives to a massive audience is astounding. And while it is nice to be able to keep in touch with friends and family, these outlets can be dangerous as they tend to create powerful evidence in Virginia family law and divorce cases.

In around fifty percent of our contested divorce and child custody cases over the past few years, there is at least one piece of evidence that comes from a social media account—Facebook, primarily. The most common are photographs of a parent consuming alcohol, or comments that admit important facts or display cruel and abusive behavior.

While we strongly encourage you to close any social media profiles, most disobey that advice.

Lesson 1: Watch What You Post

If you insist on being an active member of the social media world, despite being in the middle of a contested divorce or child custody dispute, think twice before you post something on the internet. For example, if you are separated from your spouse but are still married, think twice before posting pictures of you and your new boyfriend/girlfriend. If you are in the middle of a custody dispute, think twice before bad-mouthing the other parent. While you may not expect the other person to notice, in our experience they usually will. And then they will share the information with their attorney who will aim to use it against you in Court.

Lesson 2: Watch What Others Post

Remember all those pictures, updates and comments that you have been tagged in by others? Well, you know who might be able to see these and, if they happen to be incriminating, you may be in trouble.

With this in mind, you may want to peruse these photos and comments that have been posted by others. If there happen to be any which might be unsuitable for certain eyes, un-tag yourself and kindly ask the person who posted the photo to remove it.

Lesson 3: Limit Access to Your Profile

If you haven’t already, be sure to check your account settings. If you can limit your profile so that only your “friends” can see you activity you might be able to prevent the opposing party from stalking you online persona. While this won’t necessarily bar access to someone who really wants to see what you are up to, it will hopefully serve as a good deterrent.

In conclusion, be careful when you are using social media accounts. While these accounts have certainly become an integral part of the social lives of many in Richmond and the rest of Central Virginia, you must all remain mindful of the impact they may have on your divorce or family law case.

The Virginia family law and divorce attorneys at BoykoNapier are available to answer questions about the impact of social media in your case. If you have a contested family law or divorce case in Virginia, call us today at (804) 658-3418. We handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding communities. You may also contact us via email.

The Role of a Guardian Ad Litem in Virginia Child Custody and Visitation Cases

January 3, 2014 By Marc Leave a Comment

two children — Courtesy of Kheel Center, Cornell University via flickr.com

If you are involved in contested child custody or visitation case in Virginia, chances are there will be a guardian ad litem appointed to represent your child. Therefore, it is important that you familiarize yourself with the role of the guardian.

What is a Guardian Ad Litem?

Guardians are Virginia attorneys who are appointed by the Court in certain cases to represent minors or other incapacitated individuals. In Virginia, guardians are frequently appointed to represent children who are the subject of a custody or visitation dispute. When appointed, a guardian’s job is to represent their client—the child—and to advocate for their client’s best interests. Thorough guardians conduct a time-consuming investigation prior to trial, which would normally include interviewing the parents, extended family-members, relevant third parties (i.e. counselors, psychologists, daycare providers, teachers) and other witnesses. It should also include “home visits” (observations of the homes of the parents or third-parties who are competing for custody/visitation) and reviewing important records (medical records, report cards, disciplinary records, etc.).

A guardian ad litem will also participate in the trial. They may introduce evidence, question witnesses, and make a recommendation to the Judge as to what custody and visitation arrangement they believe is in the child’s best interest.

**Will a Guardian Ad Litem be appointed in my case?**

The short answer: Maybe.

The long answer: It depends on the circumstances and on the city/county where your case is pending. In our experience, some Judges tend to appoint a guardian ad litem in every contested case, regardless of the circumstances and regardless of whether both parents have hired their own attorneys. Other Judges will require at least one of the parties to specifically request a guardian, and even then may be hesitant to appoint one without seeing a good reason for doing so. (Note: Virginia Code Section 16.1-266 (F) limits the Court’s ability to appoint guardians in cases where both parents have retained a lawyer.)

**Should I request a Guardian Ad Litem in my case?**

Good question. It is a good question because a guardian can have a very influential role in your child custody or visitation case. Judges tend to give a guardian’s opinion a great amount of weight. This is likely due to their ability to meet the parties outside of Court, to see their home environment, and, most importantly, to talk to the children in a comfortable environment.

For these reasons, among others, it is important that you speak with an experienced family law attorney about whether or not you want a guardian appointed to represent your child.

**What should I do if a Guardian Ad Litem is appointed in my case?**

It is important to develop a good relationship with a guardian, given the fact that they serve an important and influential role in the case. So, be responsive; return their calls, be cooperative and polite. Remember that they are representing your child, not the other parent. It is also wise to strongly consider hiring an experienced family law attorney if you have not already done so. An attorney can help guide you through the litigation process, which includes interacting with the guardian and assisting them with their investigation.

If you have any questions about the guardian ad litem’s role in your case, contact an experienced Virginia family law attorney at BoykoNapier. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Call BoykoNapier today at (804) 658-3418, or contact us via email.

Grandparent’s Rights in Virginia Child Custody and Visitation Cases

December 5, 2013 By Marc Leave a Comment

grandparents and grandchild — Courtesy of surlygirl via flickr.com

It is a well known fact that grandparents are often actively and intimately involved in the lives of their grandchildren. Their roles often increase when the parents of their grandchildren are separated. Grandparents may transform into the daycare providers, character witnesses, visitation supervisors, and the list goes on.

In light of their involvement, grandparents are often concerned about the welfare of their grandchildren and ask us about their legal rights pertaining to custody and visitation. Because of the interest surrounding this topic, we felt it would be appropriate to post some general information. This post is not intended to offer legal advice. Every circumstance is unique and you should speak with an experienced family law attorney for specific advice.

Grandparents Can File Petitions for Custody and Visitation in Virginia

Virginia Code Section 16.1-241 gives Virginia Juvenile and Domestic Relations Courts jurisdiction to handle child custody and visitation matters. While the legislature has not yet set forth a statute dedicated to grandparent’s custody and visitation rights, petitions for child custody and visitation can be filed by any person with a “legitimate interest”—this phrase generally includes grandparents, stepparents, other blood relatives, among others. However, in our experience, most grandparents and other third parties are often unaware of the difficult legal hurdles they must leap in order to actually prevail on a child custody or visitation petition.

Biological Parents are Presumed to be the Best Custodians

Although grandparents and third-parties are able to file petitions for custody or visitation, the law affords the biological parents a tremendous amount of protection. The law generally presumes that the biological parents of a child are the best custodians and the best decision-makers regarding who the child should visit with.

Burden of Proof is on Grandparents

This parental presumption can be overcome in certain circumstances with compelling evidence. The grandparents will bear the heavy burden of proof and must meet that burden to succeed.

It is important to note that the burden of proof may differ depending on the type of case and the circumstances. The burden in custody cases is different from that in visitation cases. There are also often different burdens in cases when only one biological parent objects to the grandparents petition, as opposed to cases when both parents object.

In sum, grandparents and third parties are often permitted to pursue child custody and visitation in Virginia Juvenile Courts. However, if you are involved in such a case, it is important to speak with a skilled family law attorney.

The Virginia family law attorneys at BoykoNapier have experience handling grandparent and third party custody and visitation cases. We handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover counties. If you have questions regarding child custody and visitation, or any other family law issues, contact BoykoNapier today at (804) 658-3418, or via email.

Difficulties in Divorce: Spousal Support Litigation in Virginia

October 29, 2013 By Marc Leave a Comment

Scales of Justice — Courtesy of Tim Evanson via flickr.com

It should come as no surprise that spousal support (Alimony) is often a hotly contested issue between a husband and wife during the divorce process. The primary wage earner in the family (a.k.a. the breadwinner) almost never wants to pay support, while the lower wage earner (often the homemaker) usually asks for financial assistance. This disconnect often leads to litigation.

In Virginia Circuit Courts, Judges have the express authority to award alimony to a spouse upon their request, which usually occurs incident to a divorce proceeding. Assuming that the parties are unable to reach an agreement on support, Judges will typically conduct a hearing, listen to the evidence, and then look primarily to Virginia Code Sections 20-107.1 and 20-109 to analyze the issue before reaching a decision. If you are in the midst of a divorce that involves the issue of spousal support, it is important that you review these statutes very carefully.

Note: The standards in Juvenile Court may be different. Look at Virginia Code Section 16.1-287.17:1 which sets forth a formula for temporary spousal support in Juvenile Court (somewhat similar to the child support guidelines).

Statutory Bars to Spousal Support:

Adultery – if the Court finds you have committed adultery, it is possible that you will be prohibited from getting support.
Cohabitation – if the Court finds you have resided with another in a relationship analogous to a marriage for a year, you may unable to obtain future support.
Remarriage – if the spouse receiving support remarries, it may bar future support.
Death – death of either party will usually bar future support.

Will the Judge Award Spousal Support? Arguing the Factors:

Assuming there is no statutory bar to alimony, the Judge’s decision will usually be guided by the 13 statutory factors from Virginia Code 20-107.1. While all 13 factors are important, Virginia Lawyers often focus a few key factors when analyzing whether support will be ordered:

Factor 1. “The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature”.
- Virginia Lawyers often break down this factor to two issues: Need and Ability to Pay. This suggests that requesting party must prove they have a need for support, and the requesting party must prove the other party has an ability to pay support. This issue will often be analyzed using monthly income/expense statements for both parties.
Factor 2. “The standard of living established during the marriage”.
- This factor has an impact on factor 1. Even if the primary wage earner can afford to pay support, if that payment isn’t necessary to allow the requesting party to live a similar lifestyle than a Judge may be hesitant to award support.
Factor 3. “The duration of the marriage”.
- The shorter the marriage, the more unlikely a Judge may be to award support.
Factors 9 and 12. These factors involve employment decisions and earning capacity. Issues frequently arise that involve questions about one parties efforts to obtain employment, or to earn as much as they are capable of earning.

If the Judge Awards Alimony, For How Long?

Looking at Factor 3 addressed briefly above, the length of the marriage is one of the primary issues that impacts the length of alimony payments. It is sensible to assume that longer marriages will yield longer support orders. Significant physical and mental conditions of the parties and/or their children in common can also have a significant impact on the length of support. As this article is not intended to offer legal advice, it is important to speak with a skilled Family Law Attorney to discuss the issues pertinent to your case.

If you have questions about spousal support, the experienced Family Law and Divorce attorneys at BoykoNapier can help. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover. Call us for your free consultation at (804) 658-3418 or contact us via email.

Annulment vs. Divorce

September 17, 2013 By Marc Leave a Comment

Richmond Church — Courtesy of Desiree N. Williams via flickr.com

Because we get asked this question often, we thought it would be prudent to clear up some common misconceptions about the grounds for Annulment.

Let’s start with the basic definitions:

An Annulment is a legal declaration that a marriage was invalid (a.k.a. null and void).

A Divorce, on the other hand, terminates a marriage between two parties. A divorce does not negate the legality of a marriage, it simply dissolves the marriage.

Grounds for an Annulment

It is surprising to most that the grounds for annulment are very limited and are broken down into two categories: void and voidable marriages.

Void Marriages: marriages that the law determines to be automatically invalid

Bigamy: at least one of the parties was still validly married to someone else at the time of the marriage
Relative Marriage: where the parties closely related (i.e. brother/sister, aunt/nephew)
No License: in order for a marriage to be valid in Virginia, the parties must have obtained a marriage license.
Underage without Consent: Persons under 16 cannot marry (absent pregnancy) and persons under 18 must obtain parent/guardian consent to marry.
Incapacity: when either party lacked capacity to enter and consent to marriage, unless the parties were married for two years or more at the time of filing for Annulment, or the parties continued cohabitation after full knowledge of the basis for the Annulment. The party who had capacity at the time of marriage, if applicable, shall not be entitled to file for an annulment.

Voidable Marriages: marriages that the law may determine to be invalid, depending on the circumstances

Impotency: if existing at the time of marriage
Felony conviction: if either party was a convicted felon at the time of marriage and had not disclosed such fact to the other party.
Pregnancy: Without knowledge of the other, if the wife was pregnant by someone other than Husband at the time of marriage, or if Husband fathered a child by another woman within 10 months of marriage
Prostitution: if either party had been a prostitute prior to marriage and had not disclosed such fact to the other party.
EXCEPTION: as with incapacity marriages above, these grounds for Annulment will be deemed waived if the parties were married for two years or more at the time of filing for Annulment, or the parties continued cohabitation after full knowledge of the basis for the Annulment.

NOT grounds for Annulment (to the shock of many):

Being married less than 6 months.
Failure to consummate the marriage.
Criminal conviction after marriage.
Never cohabitating together as husband and wife
Not knowing that your spouse carried substantial financial debt

Grounds for Divorce:

The grounds for divorce are far more broad and include uncontested grounds (i.e. one year of separation) and contested grounds (i.e. adultery). For more details regarding the grounds for divorce, please see: Contested vs. Uncontested Divorces.

If you have questions about an annulment or divorce, the experienced family law and divorce attorneys at BoykoNapier can help. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover. Call us to schedule a consultation at (804) 658-3418 or contact us via email.

Child Custody and Visitation – Best Interest Factors

September 6, 2013 By Marc Leave a Comment

Parents and Child — Courtesy of Bill Selak via flickr.com

If you are a parent who is going through a child custody and/or visitation dispute in Virginia, it would be wise to review the statutory factors that the Judge must consider in making his or her decision. Commonly referred to as the “Best Interest Factors”, Virginia Code Section 20-124.3 is designed to help Judges make a decision that is in the best interest of the minor child who is the subject of the litigation.

The Best Interest Factors are fairly self-explanatory and most come as no surprise—relationship between parent and child, physical and mental condition of the parties, history of family abuse, etc. However, it is helpful to review the factors carefully and present evidence on each factor so that the Judge is fully aware of how that factor applies to you as a parent.

Which custody and visitation factors are the most important?

We get asked this question a lot and the simple answer is: ALL OF THEM. The Virginia Code does not present these factors with any sort of hierarchy. However, there are some factors that tend to play a larger role in certain cases.

Family Abuse Cases (factor 9):

Obviously, in cases where there is a history of family abuse, the Judge is likely to pay close attention to the details surrounding the abuse. Abuse that is proven can often make a tremendous impact on the outcome of the custody/visitation issue.

Serious Physical and/or Mental Illness (factors 1 and 2):

In cases involving a parent or child with a serious physical/mental illness, the circumstances surrounding the illness will often weigh heavily on a Judge for a variety of reasons—i.e. a child with a severe illness needs more attention than an average child; a parent with a severe illness may be unable to adequately care for their child.

Parenting Role (factor 5):

“The role that each parent has played and will play in the future, in the upbringing and care of the child”.
Courts tend to award a lot of credit to the parent who has served as the primary care provider and primary custodian for the child. We believe this is because it is that parent who usually has the strongest grasp of the child’s needs (which intertwines with factor 4). Further, the ability of the parents to serve the child’s needs in the future is particularly important.

Co-Parenting Ability (factor 6):

“The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child”.
As you can imagine, it is very common for the Court to hear evidence that one parent has unreasonably denied the other with access to and visitation with the child. In fact, this is one of the most common reasons that parents end up in custody and visitation disputes—an inability to agree on how they should share the time with their child. Courts tend to favor parents who can demonstrate an ability to communicate effectively with the other parent and, more importantly, foster that parent’s relationship with the child.

To sum things up, it is extremely important for you to review all of the statutory factors and consider how they will apply in your case. A skilled family law attorney will be of great assistance in this regard.

If you are in need of a n experienced and passionate Virginia custody and visitation attorney, call an attorney at BoykoNapier, PLLC at (804) 658-3418, or contact us via email.

Difficulties in Divorce: What is a Pendente Lite Hearing?

July 11, 2013 By Marc Leave a Comment

Country Home — Courtesy of pvdEric via flickr.com

Individuals going through divorce in Virginia will often ask themselves thousands of questions as they tread down the path of separation. One common concern that arises is, broadly speaking, TIME. Most people tense up when they hear how long it can take for a divorce to be finalized—once separation begins, a year or more is the norm.

“What do I do until then?” is an incredibly daunting thought. The “what-ifs” are bound to circle around in your head: what if my husband doesn’t provide any support; what if my wife keeps coming around my residence, or removes me from the health insurance policy . . . and so on.

Temporary Orders in Virginia Divorce Cases

While your circumstances will dictate what your best options are during a separation period (and because of that, it is important to speak with an attorney directly to determine your best course of action), it is helpful to know that you might be entitled to receive temporary relief from the Court.

Once a Divorce has been filed, you may ask for a hearing with the Court to enter a temporary order. This hearing is called a Pendente Lite hearing. This latin phrase means “pending the litigation” (per legaldictionary.com).

Thankfully, our Virginia legislature has kindly recognized that temporary relief is important. In Virginia Code Section 20-103, the legislature has given Judges the authority to make various rulings while the case is pending.

Common Pendente Lite Requests:

Temporary child and spousal support
Temporary custody of your minor children
Temporary use and possession of the marital residence
Order prohibiting the dissipation of marital assets
Order requiring a spouse to pay joint debts
Order requiring a spouse to provide health insurance coverage
Temporary award of attorney’s fees

The Court may also punish a party for contempt if they choose to disobey a Court Order while the case is pending. The purpose of this code section, and of the Pendente Lite hearing, is to provide a party with protection during what can often be a very lengthy divorce process.

If you have additional questions about Divorce, or Pendente Lite hearings, call BoykoNapier at (804) 658-3418, or contact us via email, and speak with an experienced Virginia Family Law Attorney today.