FAQs

At Stallings & Bischoff, P.C., we do our best to keep clients informed about their legal situation and answer any questions they may have about these trying times. Please click on the frequently asked questions below for more information:

 

How long should my spouse and I be separated before we can get a divorce?

About one year. The terms of the separation must include the intention to remain apart. Until then, the separation does not count toward the divorce. If adultery is involved, separation is not necessary. The parties and attorneys must prove that adultery took place, and the judge can finalize the divorce immediately.

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How do I find out how much child support is due/owed?

Child support is determined by the child’s needs and parents' ability to financially provide for the child. Your attorney at Stallings & Bischoff will keep you informed of the terms of your divorce, but you can get an idea of your child support payments by using the Child Support Calculator.

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What happens if I want to move or my ex-spouse moves?

Virginia laws are making it harder for divorced families to relocate after child custody and support rulings are established. The bottom line is that the father or mother of a child has the ability to restrict or delay the other’s relocation attempts.

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How will our shared property be divided?

The best way to get predictable results is to negotiate with your spouse through your attorney. This way you can present the judge with a completed agreement that both spouses consent to. Otherwise, you are at the mercy of the judge.

In states with equitable distribution laws, such as Virginia, personal and financial considerations are factored into the judge’s decision on how to divide property. Asset division is decided at the end of divorce proceedings. Generally, property is categorized as:

  • Marital property
  • Hybrid property
  • Shared property

The judge assesses facts and interests to determine property allocation. This area of family law can become extremely complex. It is best to have a lawyer skilled with equitable divorce in Virginia. Contact a Stallings & Bischoff family law attorney today.

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Contact us today

Our lawyers are always available to client concerns. If you have a domestic legal issue, call Stallings & Bischoff, P.C. 24 hours a day or contact us online. With law offices in Virginia Beach and Suffolk, we offer effective legal counsel to Hampton Roads families and clients in Chesapeake, Norfolk, and Portsmouth in all family law matters.