The Law Office of Li-Shann Durst is a family law firm focused on issues such as divorce, child support, spousal support, parenting time, custody, division of marital assets, and allocation of marital debt. These matters may be resolved by agreement outside of court through collaborative law or mediation. If there is no agreement, then the issues must be decided by a judge before a final divorce can be entered.
A divorce decree cannot and does not end your responsibility as a parent. Both parents should make every attempt to play a vital role in the lives of their children. Children need the ongoing affection, interest and concern of their parents. Children must feel that they have two parents who love them.
Custody refers to either physical or legal custody:
The court will determine custody matters based upon “the best interest of the child” by using the following factors:
A parent who does not have primary physical custody of a child is legally entitled to parenting time with that child. There are exceptions to this when it is not in the best interest of the child.
Parenting time involves how often visits take place, where the visits take place, and whether the visits will be supervised by another adult.
A father and mother have a duty to financially support their children. The amount of that child support depends on the income of the parents.
Child support is based upon the combined gross income of the father and mother. The court uses the Virginia Child Support Guidelines, which are part of the state law, to decide on the amount of child support.
A husband and wife also have a duty to financially support each other. Spousal support is paid directly to the spouse.
In a divorce, the judge will make a determination as to the classification of the property acquired by the parties as to which is marital, separate, or part separate and part marital. Virginia statutes provide for the “equitable distribution” of marital property. Under Virginia’s system of equitable distribution, the court is not required to divide the marital property on an equal basis. Instead, the court will consider various factors such as the monetary and non-monetary contribution of each of the parties to the well-being of the family and to the acquisition and care of the marital property, when determining how to divide the marital assets.
To find out how we can help with your family law case, please call our Ashburn, VA office at (703) 443-4762 or Schedule a Consultation.