Family law encompasses many issues affecting families, including but not limited to divorce, child custody and visitation, child and spousal support, protective orders, pre/post-nuptial agreements and equitable distribution. With so much information on the internet, it may be difficult to get accurate answers about certain issues. Below, we debunk four common myths of family law in Virginia.
Myth #1: once a divorce is filed, the court cannot grant any relief until the end of the case.
This is false: circuit courts can grant temporary relief while a divorce suit is pending. Once a divorce suit is filed in circuit court, either party may file a motion for “pendente lite” (pending final resolution) relief. Pursuant to Virginia Code § 20-103, the court may then enter a pendente lite order:
to compel a spouse to pay monies necessary for the maintenance and support of the petitioning … Read More »
So, you think, or you know, that your spouse is cheating on you. As devastating as this discovery can be, many people are just as devastated to find out that Virginia law can, and often does, protect the adulterer.
In Virginia, adultery is defined as the act of sexual intercourse by a married person with any person who is not their spouse. It is a ground for divorce under Virginia Code § 20-91. It is also illegal, a Class 4 misdemeanor according to Virginia Code § 18.2-365. While adultery as a crime is rarely, if ever, prosecuted, the fact that adultery is still technically illegal in Virginia has a significant impact on many divorce cases.
For a court to grant a divorce on the ground of adultery, Virginia law requires proof by “clear and convincing” evidence, a higher standard of proof than other grounds … Read More »