Hollins, VA Family Law Attorneys

Legal issues involving your family are deeply personal. Whether you are considering a divorce, facing a custody dispute, or looking to add to your family through adoption, these matters strike at the core of your life—your home, your children, and your financial security. The moments are often filled with anxiety, confusion, and stress. The path forward can seem uncertain, leaving you with difficult questions about your future.

What Does Family Law Encompass in Virginia?

Family law is the broad area of civil law that governs family relationships, rights, and obligations. When a family matter requires legal intervention, it is handled in the Virginia court system. The primary purpose of a family law case is to provide a clear, fair, and legally enforceable resolution to disputes or to formalize family changes, such as in a divorce or an adoption. These cases aim to create stability and define the responsibilities of each party moving forward.

Common Family Law Issues in the Hollins Area

While every family’s situation is unique, many cases involve one or more of the following:

• Divorce: Legally ending a marriage, whether it is uncontested (agreed upon) or contested (disputed).
• Child Custody and Visitation: Determining the legal and physical custody of minor children and establishing a detailed parenting time schedule.
• Child Support: Calculating the financial support required for the care of a child, based on Virginia’s state guidelines.
• Spousal Support (Alimony): Determining if one spouse must provide financial support to the other during or after the divorce, and for how long.
• Equitable Distribution: The division of marital property and debts in a fair and equitable manner.
• Adoption: The legal process of establishing a new, permanent parent-child relationship, including stepparent and private adoptions.
• Modifications of Court Orders: Requesting a change to an existing custody, visitation, or support order due to a significant change in circumstances.
• Protective Orders: Seeking legal protection from a court due to family abuse or threats of harm.

Navigating the Divorce Process in Virginia

Ending a marriage is a complex process, both emotionally and legally. Virginia law provides for two primary paths to divorce.

No-Fault Divorce

This is the most common type of divorce in Virginia. To file for a no-fault divorce, you must be separated from your spouse for a specific period:

• One Year: If you and your spouse have minor children.
• Six Months: If you have no minor children and you have a signed separation agreement.

“Separation” means more than just living in separate bedrooms; it requires at least one spouse to have the intent to end the marriage and for the couple to live separate and apart without cohabitation.

Fault-Based Divorce

Virginia also allows for divorce based on “fault” grounds. These include:

• Adultery
• Felony conviction (with a sentence of more than one year)
• Cruelty or reasonable apprehension of bodily harm
• Willful desertion or abandonment

Filing on fault grounds can be complex to prove and may impact other aspects of the divorce, such as the division of property or an award of spousal support.

Contested vs. Uncontested Divorce

• Uncontested Divorce: This is the fastest and most cost-effective path. It means you and your spouse have reached a full agreement on all issues, including property division, debt, support, and child custody. This agreement is written into a document called a Property Settlement Agreement or Separation Agreement.
• Contested Divorce: This occurs when spouses cannot agree on one or more key issues. The dispute must be resolved through negotiation, mediation, or ultimately, by a judge at a trial.

How is Marital Property Divided in Virginia?

Virginia is an “equitable distribution” state. This is a very important distinction. It does not mean property is split 50/50; it means the court divides it in a way it determines is fair and equitable.

The process involves three steps:

Classifying Property: The court identifies all property as separate, marital, or hybrid.

• Separate Property: Includes assets acquired by either spouse before the marriage, or assets acquired during the marriage as a gift or inheritance intended solely for that spouse.
• Marital Property: Includes all assets and debts acquired by either spouse during the marriage, from the date of marriage to the date of separation, regardless of whose name is on the title. This includes retirement accounts, pensions, and the increase in value of marital property.
• Hybrid Property: This is property that is part separate and part marital, such as a home bought by one spouse before the marriage but paid for and maintained with marital funds during the marriage.

Valuing Property: The court determines the value of all marital and hybrid property. This may require appraisals for real estate, business valuations, or expert opinions for complex assets.

Distributing Property: A judge weighs many factors to decide how to divide the property, including:

• The monetary and non-monetary contributions of each spouse to the family and the property.
• The duration of the marriage.
• The age and physical and mental condition of each spouse.
• The debts and liabilities of each spouse.
• The tax consequences of any division.
• The circumstances that led to the breakdown of the marriage (fault can be a factor).

Understanding Spousal Support (Alimony) in Virginia

Spousal support (also known as alimony) is not awarded in every divorce. It is a payment from one spouse to the other to help the lower-earning spouse maintain a standard of living after the divorce. A court considers numerous factors when deciding whether to award support, as well as the amount and duration:

• The financial needs and resources of each spouse.
• The standard of living established during the marriage.
• The duration of the marriage.
• The age, physical, and mental condition of each spouse.
• The contributions (monetary and non-monetary) each spouse made to the marriage.
• The decisions made during the marriage regarding employment, education, and parenting.
• The fault grounds for the divorce (adultery, for example, can be a bar to receiving support).

Support can be awarded for a defined period (rehabilitative support), for an indefinite period, or as a lump sum.

How do Virginia Courts Determine Child Custody?

When parents of a minor child separate, a custody and visitation order is necessary. In Virginia, all custody decisions are based on one standard: the best interests of the child. A judge’s personal opinions do not matter; only the factors listed in Virginia law are considered.

Types of Custody

It is helpful to think of custody in two parts:

Legal Custody: This refers to the right to make major decisions about the child’s life, including education, non-emergency medical care, and religious upbringing. Courts in Virginia strongly prefer joint legal custody, where both parents have a role in these decisions.

Physical Custody: This refers to where the child lives.

• Sole Physical Custody: The child lives primarily with one parent (the custodial parent), and the other parent (the non-custodial parent) has visitation.
• Shared Physical Custody: The child spends a significant amount of time (more than 90 days per year) with each parent.
• Split Custody: A less common arrangement where one child lives with one parent and another child lives with the other parent.

The “Best Interests” Factors

A judge must review a list of factors to determine the best arrangement. These include:

• The age of the child.
• The age and physical and mental condition of each parent.
• The relationship between each parent and the child.
• The child’s needs, considering their relationships with siblings and other family members.
• The role each parent has played, and will play, in the child’s upbringing.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The reasonable preference of the child, if the child is of sufficient age, intelligence, and maturity.
• Any history of family abuse or protective orders.

Creating an Effective Parenting Plan

A parenting plan is the detailed roadmap that parents follow after separation. A clear, thorough plan is the best tool for preventing future conflict. It becomes part of the court order and is legally enforceable. A good parenting plan should address:

• A Regular Schedule: A detailed schedule of when the child is with each parent during the school year and summer.
• Holidays and Vacations: A specific schedule that outlines which parent has the child for holidays, school breaks, and birthdays. This often alternates year to year.
• Transportation: Details on who is responsible for picking up and dropping off the child for exchanges.
• Communication: Rules for how parents will communicate with each other (e.g., via email, text) and when each parent can communicate with the child.
• Decision-Making: How parents will handle disagreements about education, healthcare, or other major issues.
• Relocation: A requirement that a parent must provide advance notice (usually 30 days) if they plan to move.

How is Child Support Calculated in Virginia?

In Virginia, child support is calculated using specific guidelines established by state law. The calculation is based on a “shared income” model, which presumes that the child is entitled to benefit from the income of both parents. The primary factors that go into the formula are:

• The gross monthly income of both parents.
• The cost of work-related childcare.
• The cost of health insurance premiums for the child.
• The custody arrangement (the formula is different for sole vs. shared physical custody).

A judge can deviate from the guideline amount, but only if they find a good reason and provide a written explanation for why the guideline amount would be unfair or inappropriate.

Modifying an Existing Family Law Order

Life does not stand still after a divorce or custody case is finalized. People change jobs, incomes fluctuate, and children grow older. When a significant change occurs, an old court order may no longer be appropriate.

To change a final order for child custody, visitation, or support, you must file a petition with the court and prove that a material change in circumstances has occurred since the last order was entered.

Examples of a material change may include:

• A significant and involuntary decrease or increase in a parent’s income.
• A parent’s desire to relocate.
• A change in the child’s needs (medical or educational).
• A parent repeatedly failing to follow the current custody order.
• A child being in danger in one parent’s care.

Contact Our Skilled Hollins, VA Family Law Attorneys Today

Facing a divorce or a custody dispute is one of the most difficult challenges a person can endure. The decisions made during this time will have a lasting impact on your family, your finances, and your future. The legal team at Pack Law Group is committed to providing compassionate, clear, and effective legal representation for individuals and families in Hollins and throughout the Roanoke area. We take the time to listen to your story, understand your goals, and explain your legal options in plain language. We meticulously prepare your case, protect you from common pitfalls, and advocate for your interests, whether at the negotiating table or in the courtroom.

Our goal is to handle the legal burdens so you can focus on what matters most—your family and your future. Call us today at 540-586-7225 or use our online contact form to schedule a confidential consultation with one of our Hollins, VA family law attorneys.