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Divorce FAQs
What is desertion?
Desertion is intentionally leaving the marriage with the desire that separation be permanent, against the wishes of the other spouse; desertion is not merely taking a trip. Separation by mutual agreement is not desertion.
How long does it take to get a divorce?
For divorces based upon either desertion or cruelty, a one year period of physical separation is required to finalize the divorce; there is no waiting period required for adultery, and upon proof of adultery, the court can grant an immediate divorce. No fault divorces also require a separation period of one year (six months if there are no minor children and there is a written separation agreement).
What kind of proof is required to get a divorce?
All grounds for divorce, including a no fault divorce, must be corroborated by an independent witness who knows of the situation by means other than your telling the witness what happened. The standard of proof for adultery is clear and convincing; usually a detective will be required to prove that your spouse had inclination and opportunity, to commit adultery.
How do I enforce a support order?
If you are worried that your spouse will not pay a support order, or if your spouse is refusing to pay a valid support order, Virginia law allows for an income deduction order to be entered by the court. A Virginia court has the power to order that the spouse's employer deduct the appropriate monthly amount due from the employee's pay check and to pay that amount to the spouse entitled to receive the support.
My child's other parent is consistently late in paying child support. Is there any way that I can collect interest on the late payments?
In Virginia you cannot collect interest on late child support payments that you have already accepted. However, if you have to go to court to seek back child support which has not been paid, you can receive a judgment for the back support owed, which includes interest on the amount which has not been paid on time. Virginia has set a fixed 9% interest rate on late child support payments.
What do I do if my child's other parent moves to a different state and I'm worried that he/she will stop paying support?
Under the Uniform Interstate Family Support Act, there is comity between the states in the enforcement of child support orders. If you have a child support order issued by any state court, you may register it in the other parent's new state. Once you have registered the support order, you may apply to that state to have the order enforced there.
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