Legal Question in Family Law in Virginia

Re: What trouble we have

First, I strongly advise that you not get engaged until he is actually divorced because it provides her with with stronger evidence of adultery. She could file on that ground now, but why give her more evidence! This is important because adultery can effect how the property is divided, whether she is given alimony and even custody of the kids.

Now you mentioned that she has custody, did a court actually grant her custody and the child support? If so, then he can petition the court to change the court order for custody and the child support payment to reflect the actual time spent with the kids. He could file this with his divorce action.

I would have to speak with him to get more facts to determine on what ground he could file for a divorce, but he will be able to file now for a no-fault divorce if they have been living apart for a year and no reconciliation attempts were made during that time.

Most important, however, is that if a court or DCSE issued an order for child support, he MUST continue to pay that amount while his motion to modify the payments is pending, otherwise, she could have him jailed, among other things for violation of a court order.

If you have any questions, please call my Fairfax office at 703-598-9220 or my MD/DC office at 301-652-0663.