Domestic & Divorce:
Blessing and Bell helps people in the Southside Virginia area in all areas of family law including filing for divorce in both contested and uncontested divorces, custody and visitation issues, and child and spousal support cases. James C. Bell handles all domestic cases Blessing and Bell. Mr. Bell knows the end of a marriage or relationship is an especially stressful, emotionally challenging time. Once you have intertwined your life with that of another, the legal separation process can be difficult. Although it is not always possible, a resolution is often less painful when separating couples are able to reach an agreement regarding the terms of the divorce, custody, and / or support. However, should the process become contested, Blessing and Bell is prepared to litigate all of the aspects of your cases including your divorce, child custody and visitation claims, and child and spousal support claims.
Below is a general outline of many issues that arise in a domestic dispute. The following is not intended as legal advice and does not form an attorney/client relationship.
Custody and Visitation:
Custody and Visitation. There are two types of custody available: Legal Custody and Physical Custody. Legal Custody dictates the person or parent who makes legal decisions on behalf of a minor child. For example, who decides where the child goes to church or whether goes to public or private school. Physical Custody dictates which person or parent physically lives with the child. The factors which the court considers when determining custody are found in Section 20-124.3 of the Code of Virginia. Visitation is the time when party who does not have physical custody spends with his or child(ren).
Child Support:
Child Support. Child support is entirely dependent upon who has physical custody. The legislature in Virginia has created child support guidelines to determine the amount of support the non-custodial parent must pay. In situations where the parties have a child more than ninety (90) days each, the courts will use the shared custody guidelines. Otherwise, in situations where one party has the child less than ninety (90) days, the courts will use the sole custody guidelines. These guidelines are presumptive in Virginia; however, the court can deviate from the guidelines for good cause shown. Most of the time, child custody, visitation, and support cases are litigated in the Juvenile & Domestic Relations Court. In some instances, custody can be litigated in the Circuit Court incident to a lawsuit for divorce.
Spousal Support and Alimony:
Spousal Support and Alimony. Spousal support (or Alimony) can be awarded on both a temporary and permanent basis. Most temporary spousal support Orders are granted through the Juvenile & Domestic Relations Court. Permanent spousal support must be awarded through the Circuit Court. In both cases (temporary and permanent support), the court considers the factors enumerated in section 20-107.1 of the Code of Virginia. However, in cases of temporary support, the legislature has adopted a statute set forth in Section 16.1-278.16:1 of the Code of Virginia. The statute adopts a formula which is presumptive in cases argued before the Juvenile & Domestic Relations Court.
Divorce:
Divorce. Most of the time, divorce are granted pursuant to Section 20-91(a)(9) of the Code of Virginia. When considering the statute, the majority of divorces obtained are divorces based upon the fact that you and your spouse cannot amicably live together as husband and wife. To obtain a divorce based on living separate and apart, you must be separated for one year before you file for divorce, unless (a) you and your spouse have signed a separation agreement and you and your spouse have no minor children. The division of the marital assets is a large reason why uncontested divorce cases become contested. In order to divide a married couple's property, a court must first determine what property and what debts are marital and what portion is separate. Next, the court must value the marital property. Last, the court must divide the property and debts between the parties in a manner which is fair and equitable.
Until we are retained, Blessing and Bell charges a consultation fee for each domestic consultation. With the exception of uncontested divorces, retainers for domestic litigation are charged according to our hourly rate. An advanced retainer deposit will be required prior to effectuating our representation.