Divorce Archives - Page 2 of 3

The Ins and Outs of Supervised Visitation in Virginia

May 22, 2015 By Marc Leave a Comment

In Virginia, Judges have the authority to order that a person’s visitation with their minor child be supervised. Because we receive tons of questions about supervised visitation, we thought it would be good to create a short post with some basic information.

What is supervised visitation?

Supervised visitation is when a parent who is visiting with their child has another individual (a.k.a. “the supervisor”) in their presence to ensure that the visitation is safe and appropriate for the child.
The role of the supervisor is an important one; the supervisor is tasked with monitoring the parent’s behavior and interactions with the child during the visitation.

Why would a Judge order supervised visitation?

While there are a variety of situations in which a court might order supervised visitation, here are a few common examples:

Drug or alcohol use. If the non-custodial parent has a history of drug or alcohol abuse, the court may order supervision during visitation.
History of poor parental judgment. If the non-custodial parent has made parenting decisions that have put the child in danger, or that have otherwise negatively impacted the child, a court may order supervised visitation.
Mental illness. If the non-custodial parent has a history of severe mental health issues, a court may order supervised visitation.
History of Family Abuse or Anger problems. If the non-custodial parent has a history of family abuse or anger issues, a court may order supervised visitation (as well as an anger management course in certain cases).
Lack of involvement. If a parent has not been consistently involved in their child’s life, a Court may order supervision to ensure that there is a smooth transition for the child while they build (or rebuild) their relationship with the parent.

Who is the supervisor?

It really depends on the case. In some situations, the Court will allow the custodial or non-custodial parent to select an appropriate supervisor, or required that the parents use a mutually agreeable supervisor. In other cases, the Court will select the supervisor, or order that the visitation take place at a special facility that will supervise the visits in a controlled environment.
For custodial parents, if you are allowed to select the supervisor, it is important to select someone whom you trust to be your eyes and ears during the visitation; you want to use someone who will report back to you in the event of any issues with the visitation.
For noncustodial parents, if you are allowed to select the supervisor, be sure to select someone reliable who is going to show up on time and be available for each visitation.

If you have questions about supervised visitation in Virginia, it is important to speak with an experienced family law attorney about your case. The lawyers at BoykoNapier are experienced in all aspects of family law and divorce matters, including complex child custody and visitation cases. BoykoNapier handles cases throughout the Richmond area, including Henrico, Hanover, Chesterfield and the surrounding localities. For questions about your custody or divorce case, call (804) 658-3418, or contact them via email.

Virginia Divorce: Settlement vs. Litigation

April 16, 2015 By Marc Leave a Comment

Richmond Skyline — Courtesy of Jim via flickr.com
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Ah, the ultimate question in your divorce case: Should I settle, or should I go to trial?

The answer to this question depends on the facts and circumstances. Every situation is unique and various issues need to be considered when deciding how you should handle your divorce. While you should speak with an experienced divorce and family law attorney for specific advice about your case, here are a few things that you should think about:

In Virginia, going to trial in a Divorce means that your fate will be in a Judge’s hands, not your own.

If you and your spouse do not reach an agreement in your divorce case, normally a Virginia Circuit Court Judge will be responsible for deciding how to divide up your marital assets and marital debts, as well as how to resolve child custody, visitation and child support/spousal support (if applicable).
Prior to making the final decision, most Judges will conduct an “equitable distribution” hearing, where they will hear testimony from both spouses and relevant witnesses, review evidence that is submitted, and hear arguments from the respective attorneys. The duration of this hearing will depend on the complexity of the issues involved. Normally, you and your attorney will have a limited amount of time to present and argue your case.
As you can imagine, it is incredibly difficult for a Virginia Circuit Court Judge to truly capture the essence of a marriage in such a short period of time. They don’t have an opprotunity to really get to know the parties; they have to make important decisions in a relatively short period of time. Most Judges (in our experience at least) would be quick to point out that they will never know the circumstances of your marriage as well as you do. Accordingly, one major benefit of settlement in a divorce case is the ability to construct the terms on your own. You and your spouse always have the most information from which to draw up a fair and equitable resolution.

Going to Trial will often increase the cost of your divorce.

For a variety of reasons, proceeding to trial will normally increase the costs of your divorce in Virginia.
Attorney’s fees will often be far higher for a case that proceeds through an equitable distribution hearing than they would be for a case that is resolved by agreement.
Prolonging the divorce process will also increase the emotional costs as well. For most folks, dealing with a divorce is an incredibly traumatic experience and the sooner it can be finalized the better. Additionally, if there are children involved, they will inevitably experience an emotional toll from their parents’ divorce. Generally speaking, the longer things drag on, the greater the impact on the kids.

Going to trial may be the best option when your spouse is not offering a fair and equitable settlement.

While it is normally advantageous to settle your case without going to trial, one important exception to that rule would be when your spouse is unwilling to offer a reasonable proposal for resolution of the issues involved.
If your spouse is being unreasonable in their evaluation of the issues involved, their settlement offer is likely to reflect that evaluation and you should not feel forced into a settlement simply because it is usually wise to settle.
If you find yourself in this situation, it is important to speak with an experienced Virginia divorce attorney about your case. A good divorce lawyer can help you negotiate a fair and equitable resolution, or represent you at trial if settlement is not feasible.

The Virginia divorce attorneys at BoykoNapier can help you navigate through the murky road of settlement vs. litigation. The lawyers at BoykoNapier handle all types of divorce and family law cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Contact BoykoNapier today at (804) 658-3418, or via email.

Virginia Child Visitation – Finding the Right Arrangement

January 8, 2015 By Marc Leave a Comment

Man with child — Courtesy of Esther Gibbons via flickr.com
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If you have children and are separated or divorced from the other parent, chances are you have a visitation arrangement of some kind. It might be a simple understanding with no concrete terms, or it might be spelled out in detail and contained in a written Virginia court order. Whatever the case, it is important for separated parents to be open-minded about what visitation arrangement is best for their child. After all, kids change as they grow up, and what works today might be broken tomorrow.

We frequently have folks come to us with one question: How do I figure out what visitation arrangement is best? Unfortunately, we cannot answer that one for you. There is no person better equipped to answer that question than you, the parent. You have unique knowledge about your child, and about the kind of relationship (or lack thereof) they have with the other parent. Only you will know if the right arrangement for your child requires a dozen provisions to iron out every possible scenario, or if the right arrangement is to leave the options open at all times.

Common General Visitation Arrangements:

“Every Other Weekend” – very typical for school-aged children, this arrangement normally provides the non-custodial parent with visitation on alternating weekends, usually from Friday evening to Sunday evening. Additional visitation time could include weekday dinner visits or participation in extracurricular activities.
“Fifty/Fifty” – also referred to as joint physical custody, this arrangement provides each parent with an equal amount of visitation time with the child. Often, this is week-on week-off. However, some parents split the week and alternate weekends, while some alternate every day. There are also some parents who get limited time during the school year, but get the entire summer and most holidays in order to achieve a true fifty/fifty arrangement.
“Shared” – a shared visitation arrangement (also called shared physical custody) describes a situation where both parents have a substantial amount of visitation time, though not necessarily fifty-fifty. For example, a parent who receives three-weekends a month during the school year, and every other week during the summer would usually be considered to have shared custody of their child. As you can imagine, the types of visitation arrangements that fall under this category are numerous and often times very creative.
“Supervised” – a supervised visitation arrangement in Virginia is a situation where the non-custodial parent’s visitation time must be supervised by another person. This is usually a third-party relative, though it may be the other parent or even a formal facility that provides supervision.

(Note: the phrase “general visitation” is often different from holiday and summer visitation. Many parents will have an additional visitation arrangement for major holidays, and allot additional visitation time during the summer months.)

If you are looking for factors to guide your decision, it might be helpful to glance at the “best interests statute” (Va. Code 20-124.3), which sets forth the factors that Virginia judges are required to consider when determining a visitation arrangement. However, you are not limited by these factors. Use your best parenting skills to figure out what visitation arrangement would best suit your son or daughter. Even if you cannot reach an agreement with the other parent, at least you will be prepared to articulate your desired outcome to your attorney, or to a judge or mediator.

If you have a questions about your child visitation case, it is important to speak with an experienced Virginia family law attorney. The lawyers at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support. Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

Virginia Divorce: Let Your Lawyer Handle It

September 25, 2014 By Marc Leave a Comment

Courtesy of wsilver via flickr.com license link — Courtesy of wsilver via flickr.com
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Let us face facts: Divorce is an emotional roller-coaster on a good day. For most people, going through a separation and a divorce is nothing short of traumatic, even if the divorce is uncontested.

Inevitably, you will be required to make decisions along the way that impact you and your family; some decisions will be minor, and others will not. If you have decided to “take matters into your own hands,” we urge you to reconsider.

The divorce process in Virginia is complicated and confusing. There are legal issues at every turn, and you may not be fully equipped to address these issues. It is important that you consult with an experienced Virginia divorce lawyer before diving, head-first into the world of family law. The right divorce attorney can help you make the important decisions, and will be a vital source of information throughout the process.

Acting without (or against) legal advice may have a very severe impact on your future. For example, if you receive a document from your spouse that purports to resolve some (or all) of the issues, it might appear very fair and equitable to you. However, you might not fully comprehend some of the language, and your signature may cause you to waive certain claims that you would have otherwise had, such as a claim for spousal support, or perhaps a lucrative claim towards a share of a retirement account held by your spouse.

Too often, we meet with individuals who have suffered due to their failure to promptly consult with an experienced Virginia divorce lawyer. Please do not let that be you. Our suggestion: speak with a divorce lawyer as soon as you believe that a separation is imminent. If nothing else, the consultation should help you avoid many of the common pitfalls.

BoykoNapier is based in the Richmond area and we are proud to represent citizens throughout Central Virginia, including Henrico, Chesterfield, Hanover and the surrounding localities. If you are going through a separation or divorce, please contact us. Our attorneys are experienced in all aspects of Virginia divorce and family law issues. Call us today at (804) 658-3418, or contact us via email.

Difficulties in Divorce: Settling Before Court

June 23, 2014 By Marc Leave a Comment

In Virginia Divorce cases, we work hard with our clients to attempt to resolve each case by settling out of court.

Believe it or not, in our experience, most cases are resolved before Court. Why is that?

Because it is almost always in everyone’s best interest to finalize a case as quickly as possible.
The parties save money and time, and shield themselves from unnecessary emotional turmoil that naturally comes from battling things out in a courtroom.
If you have children, it is even more important to reach a resolution; the longer litigation lingers, the more your children will get dragged into the middle.

Suffice it to say, you should strongly consider an out of court settlement, provided the terms are reasonable and equitable. How do you decide when a settlement offer is reasonable and fair? Great question. The answer depends on the facts of your case. This is one area where your attorney’s experience will play a significant role.

Communication directly between Attorneys

Perhaps the most common avenue to a settlement is the correspondence between the attorneys who represent the respective spouses. Many cases have very few contested issues, making it relatively simple for the attorneys to help the parties resolve the case after just a few phone calls, emails or letters back and forth. If the issues haven’t been resolved, or at least narrowed, after a few exchanges, it is probably time to consider other settlement methods.

Settlement Conference

A settlement conference is a face-to-face meeting between the parties and their attorneys to allow the parties to converse with each other about their respective positions. Settlement conferences are certainly emotional (far more so than exchanging letters), but they are usually very productive because communication between the parties in-person is one of the best ways to help them reach agreeable terms.

It is common for a Judge to require parties to attend a settlement conference prior to their trial date. If you have been unwilling to attend a settlement conference for one reason or another, we would urge you to reconsider. Speak with your attorney about the benefits of such a conference and you just might decide to change your mind.

Mediation in Divorce Cases

Similar to a settlement conference, a Mediation is a meeting between the parties to discuss settlement. The difference here is that a neutral individual (the “mediator”) is present to assist the parties by facilitating discussions and making recommendations. The mediator is often someone trained in the law (a lawyer or a judge), who will help guide the parties towards a resolution by analyzing the facts and the legal issues involved in the case. Mediation has a high success rate and is therefore a very popular settlement tool.

Property Settlement Agreement

In Virginia, once the parties reach an agreement, the terms of that agreement are often put into a written contract referred to as a “separation agreement” (or “PSA” for property settlement agreement). The PSA should spell out all of the terms of the parties’ agreement and should be filed with the Virginia Court when the parties finalize their divorce. You can read more about property settlement agreements here.

The family law and divorce attorneys at BoykoNapier are experienced trial attorneys. We handle cases through Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. If you have questions about a separation or divorce, call us today at (804) 658-3418, or contact via email.

Difficulties in Divorce: Dealing with Retirement Accounts

May 5, 2014 By Marc Leave a Comment

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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.

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.

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.

Call: 804-658-3418