The Separation Period

The Pendente Lite Hearing

At a pendente lite hearing, the court can order temporary custody, visitation, spousal support, and child support. This is also where you would determine who gets the exclusive use and possession of the marital home.

At a pendente lite hearing, the court may also order one spouse to pay temporary support to the other spouse until the final hearing. This could allow the children to remain in their home with one parent while the case is pending.

As you go through the process of separating from your spouse, you may find yourself in need of child support or custody agreements. You can file for these things through your juvenile domestic relations district court while you wait to be able to file for divorce. This can help provide some stability during a difficult time. However, if you and your spouse are still living in the same home, the court will not grant your request in the state of Virginia.

Domestic Violence Situations & The Preparation Phase Of The Divorce Process

If you’re dealing with domestic violence, the best thing you can do is get a protective order. Preparation for this case is different than others because, in this instance, people are trying to protect their lives instead of money or assets.

For people in this situation, the first and best thing they can do is seek a protective order. A protective order can give a victim of domestic violence exclusive use and possession of their home, as well as temporary custody of any minor children. It can also require the abusive spouse to continue paying for housing, utilities, and car payments. In some cases, the victim may also be granted the use of a vehicle or possession of a companion animal. Protective orders are meant to be a tool to help keep victims safe from further harm.

It is important to note that an emergency protective order is just the first step to getting the protection you need. An emergency protective order expires 72 hours after it is issued, which should provide enough time for the victim of domestic violence to go to the juvenile domestic relations district court and seek a permanent protective order. Once the party being affected by domestic violence has a protective order and feels safe, we can start focusing on the divorce portion.

More Information:

• Relocation of Child and Child Custody Laws in Virginia

Is There Any Benefit To Being The First To File?

There is no real benefit to being the first to file for divorce. All it does is give you the chance to present your case first during the trial. That is it. The judges don’t automatically rule in favor of the person who filed first. They don’t say, “Well, the wife filed first, so the wife wins.” or “Husband filed first, husband wins.” That’s just not how it works.

There is a lot to be said for being on the defensive side in an argument. You can learn a lot about your opponent’s position and what they are trying to achieve by letting them go first. This way, you can respond more effectively and with a clear strategy.