Editing Legal Matters (section)

==Virginia State Divorce Law==
* Divorce-Related Websites
** [http://www.divorcenet.com/states/virginia/va_div Divorce.net - Virginia Law]
** [http://www.divorcenet.com/states/virginia/va_divorce Divorce.net - Virginia Law, Summary]
** [http://www.divorcelawinfo.com/VA/divorce/divexpln.htm Divorce Law Info]
** [http://www.vsb.org/publications/brochure/divorce.html VSB - Divorce in Virginia]
** Custody Articles
*** [http://www.divorcelawinfo.com/VA/custody/custody.htm At Divorce Law Info]
*** [http://www.divorcenet.com/states/virginia/criteria_for_deciding_a_virginia_custody_case At Divorce.net]

* Daniel can file for Divorce From Bed and Board (''a mensa et thoro'' - similar to "Legal Seperation" in other states) or Divorce From the Bond of Matrimony (''a vinculo matrimonii'' - also called "a full divorce").
** From Bed and Board: Daniel files on the grounds of Willful Desertion or Abandonment.  The divorce isn't permanent (they can later cancel it), doesn't allow either Daniel or Julie to remarry and keeps joint property & insurance claims valid.  It only legally establishes that they're living apart, custody  of the children and for support (i.e. alimony & child support).
*** Daniel could be the one to do the Deserting.  He would have to move out of the house (though, in ''theory'' he could kick Julie out, instead), but he can then apply for Divorce From Bed and Board right away.  After a year appart he could apply for the court to "merge" that decree into a Divorce From the Bond of Matrimony, if he wanted.
** From the Bond of Matrimony: Daniel files on the grounds of Seperation.  The divorce will be absolute, allowing Daniel & Julie to remarry and terminating all property and insurance claims each has on the other.  Child custody and support are, of course, settled as well.
** Julie has two possibilities for Contesting the Divorce:
*** The Seperation/Desertion wasn't willful (i.e. she didn't plan to leave, she had no choice).  If Daniel applies for divorce on grounds that ''he'' is the one doing the abandonning, Julie can't contest in this way.
*** If she had sex with him since the Survivors woke up, there's no grounds for Julie's Seperation/Desertion.  Again, if Daniel's abandoning, Julie can't contest this way.
* Custody can go either way:
** No preference is given to a parent based on gender.
** Daniel is a better provider, as he works a nicely-paid, full-time job.  By contrast Julie is unemployed.  (Does Julie have job skills?  Can she get a job quickly?)
** Conversely, Daniel's work requires that he spend a lot of time out-of-country and can't, therefore, reliably and consistently care for the children.  Julie can.
** The Court favors the primary caregiver.  That's pretty obviously Julie. 
** The Court will consider Daniel's abuse of Julie, but only if it has been previously documented in police reports.
** The parent doing the abandoning is at a disadvantage for custody.
** Three types of custody:
*** Sole Custody: One parent gets custody of both children, who live only with her, and can make all legal decisions for them.  The other parent almost always has visitation rights.
*** Split Custody: The parents each get Sole Custody of one child.  The other parent almost always has visitation rights to their non-custodial child.
*** Joint Custody: The parents share legal decision-making rights for the children and the children spend an equal time with each parent.  A number of different arrangements within this schema is possible.  A very unlikely custody result; usually only happens during amicable divorces where the parents can agree on custody terms prior to court interference.