Legal Question in Family Law in Virginia

divorce uncontested

my husband moved to virginia and filed a uncontested divorced. the paper says i waive spousal support and equitable distribution. does that include child support? because it also says i do not dispute child custody ,support of any kind


Asked on 2/21/07, 10:15 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: divorce uncontested

Neither spousal support nor equitable distribution involve or include child support. Spousal support refers to

alimony payable to a spouse and not to a child. Nevertheless, if there is any marital property at stake(property acquired during the marriage to which both spouses may have a claim), you would not want to waive your right to equitable distribution since that is the court's remedy, upon dissolution of a marriage, to determine who should claim ownership to such marital property if the parties themselves cannot come to an agreement as to how such property should be divided between them.

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Answered on 2/21/07, 1:18 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: divorce uncontested

If you are asking whether child support can be waived, it cannot. However, with respect to spousal support and equitable distribution a waiver may be effective and I would strongly advise you to consult an attorney to protect your interests in this "uncontested" divorce.

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Answered on 2/21/07, 2:00 pm


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