Virginia Family Law: How to File to Modify Visitation
Find out more about how to file to amend custody or visitation.
Do you have a custody or visitation order that is sveral years old? Maybe you are the non-custodial parent and the other parent has threatened to move out of state. How do you get in front of the judge to make sure your rights are protected?
What are the Required Forms to Change Custody or Visitation?
In order to change a custody or visitation order, there are a few forms that you will need to fill out with the juvenile and domestic relations court. These forms are:
Motion to Modify : This document notifies the Court about which portion of the order you are wanting to change and what you want the new language to include. For example, if you are looking to change the visitation schedule you would identify the current schedule and the schedule you are seeking. You must also identify why you are looking to change custody or visitation.
Service Member Relief Affidavit: This document is required to confirm whether the other parent is a member of the armed forces. If they are, that may delay your case if they are on active duty. It is a required document for the Court.
UCCJEA Affidavit: This document notifies the Court of all the places the children have lived over the last five years. The raeson for the form is to make sure you have chosen the right Court to file the paperwork in.
Motion to Enjoin: This document notifies the Court that you are trying to stop another parent from moving out of the area with the children.
Motion to Expedite: This document notifies the Court if there is an emergency that needs to be taken care of if the children are not safe.
There may be other forms required depending on what you are trying to accomplish.
How a Family Lawyer Can Help
These forms can be complicated to fill out. If you file them improperly it can result in your case being delayed or the Court not taking your request seriously. Makre sure you hire a local attorney to help you prepare the paperwork properly.
Virginia Divorce: Fault or No Fault Grounds
Virginia law provides several different grounds of divore. If you are considering divorce, it is important that you understand these grounds of divorce, and what you have to prove in order to finalize your divorce.
Virginia law requires you to satisfy one of several different grounds for divorce before you can file. These grounds can be split into two separate categories; fault based grounds of divorce and non-fault based grounds of divorce. Each grounds for divorce carries with it a separate waiting requirement and requires you to prove different things. What do you need to do in order to qualify for divorce in Virginia, and what do you need to know about these grounds of divorce?
Fault Based Grounds of Divorce
The first, and largest, category of divorce grounds is fault based grounds of divorce. Virginia law allows you to file for a divorce if one of the following issues are present; adultery, physical abuse, mental abuse, and desertion. Virginia law also requires that you provide clear proof that one of these grounds have occurred.
For example, with adultery, you must not only prove the identity of the other party, but you must also prove the date and location that the alleged adultery occurred. These burdens of proof make it difficult to pursue a fault based grounds of divorce in Virginia.
However, successfully pursuing a fault based grounds of divorce can impact how the court will handle property distribution and alimony. The more “at fault” the court views one of the parties, the more harshly they will be treated by the court. For example, committing adultery is generally a bar to alimony in Virginia.
No Fault Grounds of Divorce
This is a much smaller category of grounds for divorce. This category applies if you have been living separate and apart from your spouse for a period of time; either six (6) months or one (1) year depending on the facts of your case.
The benefit of a no fault based grounds of divorce is that you only required to establish the date of separation and that the parties have lived separate and apart for the required period of time. You must also show that the you and your spouse have divided all the debt and assets, and that the court is only required to finalize the divorce.
Why You Need a Lawyer for Divorce
A lawyer is essential in understanding the various things you have to prove in order to establish any given grounds of divorce. Furthermore, a lawyer can help you prepare your case to maximize your chances of success and reduce the delay of filing for divorce. Seek out a lawyer if you intend to file for divorce.
Spousal Support: Where do you file?
Virginia law provides two options for filing for spousal support. Each option carries its own pros and cons. What are these options, and which is best for you?
Virginia law allows you to file for spousal support two different ways. Each of these different methods of filing for spousal support require different burdens of proof and may have different results.
What are these two options, and which one is best for you?
Spousal Support: Juvenile and Domestic Relations Court ("JDR Court")
You can ask for spousal support prior to filing for divorce in Virginia. This is accomplished by requested spousal support through the JDR Court. There are several benefits of filing for support in the JDR Court.
The first major benefit is that you can ask for support prior to filing for divorce. This allows you to maintain your lifestyle while you wait the required time to file for divorce. Virginia requires you to wait a period of time between six (6) months and one (1) year depending on the circumstances of your case. However, you are likely to have considerable expenses during that time since one of you will have to move out.
The second major benefit is that there is a presumed amount of support in JDR Court. The JDR Court uses a calculus to determine the amount of support that is required based upon the incomes of the parties.
The downside of seeking support in JDR Court is that it will likely exacerbate the dispute between you and your spouse. It increases the likelihood that your spouse will seek a fault based grounds of divorce.
Spousal Support: Circuit Court
You can also ask for support as part of your divorce proceedings. There are several benefits of seeking support in the Circuit Court.
The first benefit is that Circuit Court applies a more thorough test to determine the amount of spousal support that will be paid. The Circuit Court takes into account a number of factors when setting support. The Circuit Court also has the ability to increase or decrease support depending on the unique facts of each case.
The second benefit is that you will be filing for divorce at the same time as your request for spousal support. This speeds up the process, and is ideal if you want to have a speedy divorce.
The downside of filing in Circuit Court is that you must also satisfy all the requirements for a divorce. For example, you must have resided in Virginia for more than six (6) months and have been living separate and apart for a period of time.
Why You Need a Lawyer
A lawyer is important to have because the lawyer can advise you on which of these two options are best in your particular case. A lawyer can also help you prepare the documentation and financial information the Court will need to make a spousal support determination. Failure to hire a lawyer may result in reduced spousal support.