Spousal Support – Does It Affect Your Divorce?

By James Garrett
 
Spousal support, maintenance, alimony – all of these terms are interchangeable and mean the same thing: money you are entitled to receive from or pay to your ex-spouse. Spousal support in Virginia is determined by the court considering factors established by Virginia law.

Except in cases of adultery, where the offending party is specifically denied any right to spousal support, either party may ask for and be awarded spousal support. Support is generally based on the particular needs of the requesting party, ability of that party to support themselves, and individual sacrifices that party made to the benefit of the other.

For example, if a couple decided that one party would work, and sacrifice their own advancement, in order to put the other through college for the joint benefit of the couple, the law considers that both parties should be rewarded for that benefit. Also, if one party remained unemployed through their “peak earning years” to raise the family, divorce should not then leave them unable to maintain a standard of living established by the marriage.

If you are contemplating divorce in Virginia Beach, please contact Garrett Law Group, PLC to discuss your options. Our Virginia Beach divorce lawyers will speak with you about your financial situation and weigh all of the appropriate factors governing spousal support to give you sound legal advice. (757) 422-0195.

Does My Marriage Qualify For Annulment?

By James Garrett
 
Marriage is a legal bond with your spouse that may only be severed by one of three ways: death of one spouse, divorce or annulment. In Virginia, the law allows for an annulment only under certain circumstances.

Annulments can fall into one of two categories. The first category is referred to void ab initio. These are situations in which the marriage violates some public policy, such as a marriage by someone not of legal age, or a marriage when one party is still married to another. The second category are referred to a “voidable”. Voidable marriages include situations that may cause undue hardship on a spouse. For instance, if the husband has fathered a child by another within nine months of the marriage, or the wife is pregnant with another man’s child at the time of marriage, the marriage may be annulled. Also, if unbeknownst to the other, one spouse has been convicted of a felony prior to the marriage, the marriage may be annulled. These issues must be raised within a specific period of time or they are waived.

While both a divorce and annulment result in an end to the marriage, an annulment generally acts to erase the marriage, i.e., it never happened. In many cases of annulment the parties are no entitled to spousal support, equitable division of marital property, and in some instances, children may be considered illegitimate. If you are interested in exploring an annulment, you should contact a family law attorney to discuss the advantages and disadvantages.

Our family law attorneys are available to answer all of your questions. Contact Garrett Law Group, PLC today for a consultation. (757) 422-0195. Calls are answered 24/7/365!

What Is A Guardian Ad Litem & Why Do I Need One For My Child Custody Case?

By Virginia Beach Family Law Attorney James Garrett

Most family court judges do not favor having children testify in court during a child custody hearing. Custody cases are stressful and emotional matters for the parents involved, and even more so for the children. A Guardian ad Litem (GAL) is an experienced family law attorney who is appointed by the court to represent the interest of the children in a contested child custody case.

The GAL will interview the children and gather their thoughts on their relationship with the parents and the custody situation in general. In some cases, the children may express a preference to live with a particular parent that they may not otherwise disclose to the parents. The GAL will also meet with the parents and discuss custody and visitation plans, living arrangements, education issues, etc.

After investigating the case, the GAL will issue a report of their findings and recommendations to the Court. A good GAL will issue a written report that is available to the attorneys for each of the parents. This report is not binding on the court in any way, but often the judge will adopt the recommendations of the GAL.
It is important to understand the role of a GAL in your child custody case. Many parents view a GAL as an adversary. Some parents make the mistake of making disparaging comments about the other parent during a GAL interview. The GAL ‘s role is not to favor one parent or the other, but to form an opinion as to what is in the best interest of the children, their client.

You should always be respectful to the GAL and never get emotional about your relationship with your children, the other parent, or the other parent’s relationship with the children. The GAL will assume that if you are open to making unfavorable comments regarding the other parent to them, then you are likely to do so in front of your children which will hurt your case.

If you have a contested child custody case in Virginia Beach, a GAL can be a major asset in your case. Our Virginia Beach child custody attorneys will advise you on the role of a GAL and how you can better prepare yourself to get the best possible outcome in your child custody case.

Contact a family law attorney today for a free consultation. (757) 422-0195. Our phones are answered 24/7/365.

Garrett Law Group, PLC