Family Law Week 3-Reid

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American Public University *

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Jan 9, 2024

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Uploaded by AgentDuck3675

Family Law Fact Scenario Generations through time have changed drastically; the qualities and objectives of society have been modified from what they used to be. Marriage may not generally be the ideal end goal and divorce has become a new norm. As we adapt to modern times, it is important that generational gaps mend and find common grounds. For Lucy’s divorce to proceed smoothly, it is critical she remains calm, open-minded, civil, and focused on the end goal. Divorces may be inevitably unpleasant situations. Divorce rates are at an all-time high and they may affect everyone involved; to include children, extended family, and sometimes friends. 1 To make the transition decent, all circumstances must be considered. In this case, Lucy, who is a mother of 3, is seeking a divorce from her spouse, Mike. The couple has been married for 15 years but, she has become unhappy over time. Since the children are minors and assets are involved, Lucy needs to have an understanding of what the possible outcomes might be. The couple resides in Virginia, where there are two primary forms of divorces; fault and no-fault. A “fault” based divorce is primarily based on bad conduct. It is where one alleges that their spouse was the one at-fault for their separation. Of note, “fault” based divorces may be more difficult to prove since substantial facts must be provided. For example, adultery, cruelty, or an acquired felony may be good stances for an at-fault divorce. 2 On the other hand, a “no- 1 Marriage and Divorce, A MERICAN P SYCHOLOGICAL A SSOCIATION , https://www.apa.org/topics/divorce (last visited Jan 22, 2021). 2 Virginia Law, https://law.lis.virginia.gov/vacode/20-91/ (last visited Jan 21, 2021).

fault” divorce is not really based on specific conduct. The catch is that under these circumstances, in Virginia you must have been separated for at least a year in order to file for any type of divorce. 3 Given Lucy’s circumstances, her best bet is to separate from Mike and file for a no-fault divorce. Things may get difficult on her end since she alleged that her youngest child was not Mike’s. This could imply that she committed adultery and Mike could possibly file for an at-fault divorce. Moving on to assets; when it comes to property division, Virginia divorce laws allow the couples to compromise and “figure it out” on their own terms. In the event they are unable to do so, the courts will follow the equitable distribution model. 4 Some of the factors considered in dividing property are the length of the marriage, each spouses’ contribution, how and when the property was procured, etc. If there is debt involved and it was accrued before the marriage, then the judge will order that person to pay it. If it is a joint debt, then both spouses will have the responsibility of paying it. Custody agreements can be challenging. It is encouraged that a parenting plan is drafted prior to filing for divorce. This parenting plan, or custody agreement, will aid in the effectiveness 3 Nolo, D IVORCE IN V IRGINIA FAQ S WWW . DIVORCENET . COM (2013), https://www.divorcenet.com/states/virginia/va_faq01#:~:text=A%20%22fault %22%20divorce%20is%20based,confinement%20following%20the%20conviction%2C %20and (last visited Jan 22, 2021). 4 Virginia Law, § 20-107.3. C OURT MAY DECREE AS TO PROPERTY AND DEBTS OF THE PARTIES , https://law.lis.virginia.gov/vacode/20-107.3/#:~:text=Court%20may%20decree %20as%20to%20property%20and%20debts%20of%20the%20parties.&text=Income %20received%20from%20separate%20property,personal%20effort%20of%20either %20party. (last visited Jan 22, 2021).

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