Legal Question in Family Law in Virginia

Divorce and Support Payments

Been married for 10 years. Very rocky marriage. There is an assault and battery wife charge on my record from 2001. I did not hit her. Cop pressed charges because I incriminated myself by telling him I grabbed her after kicking the door down because she would not let me in to get my belongings. I did not mention she hit me three times just before the incident. We got back together a couple of months later but can no longer make it work. I�ve stayed just for my child. She will probably try to prove some sort of mental abuse although I should be the one doing that.

Should I file for divorce or wait till she does? Her yearly income is a few percent higher than mine. Will I have to pay spousal support as well as child support? I of course want joint custody.


Asked on 3/07/09, 9:07 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce and Support Payments

You'll likely have to be separated 12 months from your wife in order to have the necessary grounds for a no-fault divorce.

You're having to pay spousal support under the facts described appears unlikely, but if she gets sole physical custody of the child, you can count on having to pay child support.

Read more
Answered on 3/07/09, 9:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia