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VA Divorce

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tman406

Junior Member
What is the name of your state? Virginia

My wife has found another man. I cannot prove adultery at this time. However, I can show an ongoing romantic relationship via emails and voice mail. We have been married for 15 years.

She has admitted she wants to be with this person and wants to have an amicable divorce.

We still live in the same house but sleep in separate areas. We have not have marital relations for over one year.

We have two children. A home that she says I can keep but at this time she refuses to sign over the house entirely to me. She also says I can keep all of the property in the house. She had been a stay at home mom for the first 14 years of our marriage. She started earning an income in the past year.

I am employed and earn about 32K a year.

I am recieving a disability pension of about 30K a year.

I know I will have to pay child support and she wants spousal support for one year. If she gets half of the disability pension then I will not be able to afford the house. I think I can get her to waive her right to half the pension if I can show I will not be able to pay the mortgage.

She will marry the other guy after the divorce is final.

Just need a rough estimate as to what kind of situation I may be facing. Thanks in advance. The advice/comments are appreciated.
 


mistoffolees

Senior Member
What is the name of your state? Virginia

My wife has found another man. I cannot prove adultery at this time. However, I can show an ongoing romantic relationship via emails and voice mail. We have been married for 15 years.

She has admitted she wants to be with this person and wants to have an amicable divorce.

We still live in the same house but sleep in separate areas. We have not have marital relations for over one year.

We have two children. A home that she says I can keep but at this time she refuses to sign over the house entirely to me. She also says I can keep all of the property in the house. She had been a stay at home mom for the first 14 years of our marriage. She started earning an income in the past year.

I am employed and earn about 32K a year.

I am recieving a disability pension of about 30K a year.

I know I will have to pay child support and she wants spousal support for one year. If she gets half of the disability pension then I will not be able to afford the house. I think I can get her to waive her right to half the pension if I can show I will not be able to pay the mortgage.

She will marry the other guy after the divorce is final.

Just need a rough estimate as to what kind of situation I may be facing. Thanks in advance. The advice/comments are appreciated.
How much is she making? The amount that the court would order will depend at least partially on the differences in your incomes. If her income is very low, a court would likely order more than one year - although if she marries the guy quickly, it's a moot point since spousal support ends on remarriage.
 

Perky

Senior Member
What is the name of your state? Virginia

My wife has found another man. I cannot prove adultery at this time. However, I can show an ongoing romantic relationship via emails and voice mail. We have been married for 15 years.
If you think you will be able to prove adultery, then your wife will likely not be eligible for alimony according to this:
http://research.lawyers.com/Virginia/Divorce-in-Virginia.html
We have two children. A home that she says I can keep but at this time she refuses to sign over the house entirely to me. She also says I can keep all of the property in the house. She had been a stay at home mom for the first 14 years of our marriage. She started earning an income in the past year.
Please make sure you get a lawyer. She may very well decide that she wants her share of the house. If she does, she will probably get it. Signing it over to you will not necessarily prevent that either.
I am employed and earn about 32K a year.

I am recieving a disability pension of about 30K a year.

I know I will have to pay child support and she wants spousal support for one year. If she gets half of the disability pension then I will not be able to afford the house. I think I can get her to waive her right to half the pension if I can show I will not be able to pay the mortgage.

She will marry the other guy after the divorce is final.

Just need a rough estimate as to what kind of situation I may be facing. Thanks in advance. The advice/comments are appreciated.
The following link shows the child support obligation table for VA:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-108.2

This link explains the income that is considered in child support calculations (both of your sources of income will be considered):
http://www.dss.state.va.us/family/dcse_calc_intro.html#income

Finally, this link explains the marital property portion of your pension, and how it may be expected to be paid:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-107.3
 

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