February 24, 2026
How Virginia Law Determines ‘Best Interest’ in a Child Custody Case in Richmond, VA
By W. Allan Burns, Jr., Partner at Cravens & Noll, P.C.
If you’re going through a divorce or separation in Richmond and custody of your children is at stake, you’ve probably heard the phrase “best interest of the child” more times than you can count. But what does that actually mean? How do Virginia judges decide what’s truly best for your child when parents disagree?
I’ve represented parents in custody cases throughout Central Virginia for years. I’ve sat across from worried mothers and fathers who want nothing more than to protect their relationship with their children. The uncertainty of not knowing how a judge will decide is one of the most stressful experiences a parent can face. In this article, I’ll explain exactly how Virginia courts approach custody decisions and what you can do to present the strongest case possible.
Understanding Virginia’s Custody Framework
Virginia law recognizes two types of custody: legal custody (the right to make major decisions about education, healthcare, and religious upbringing) and physical custody (where your child lives and spends their time). Legal custody can be joint or sole. Physical custody can be defined as physical with mother, physical with father or shared.
The “best interest of the child” is the legal standard that guides every custody decision in Virginia. When parents can’t agree, a family court judge evaluates your family’s specific circumstances to determine what arrangement best supports your child’s wellbeing.
The Ten Statutory Factors Virginia Judges Must Consider
Virginia Code § 20-124.3 lays out ten specific factors that judges must consider when determining custody. These aren’t suggestions, their requirements. Let me walk you through each one.
1. The Age and Physical and Mental Condition of the Child
Judges evaluate your child’s specific needs based on their age and any physical or mental health considerations. A toddler has different needs than a teenager. The court examines whether each parent can realistically meet the child’s current needs, appropriate supervision, care, and support for their developmental stage.
2. The Age and Physical and Mental Condition of Each Parent
Your ability to physically and mentally care for your child matters. Judges assess whether you’re capable of providing day-to-day care. If you have health issues that limit your ability, that factors into the decision. Having a mental health condition doesn’t automatically disqualify you, what matters is whether you’re managing it appropriately and whether it affects your ability to parent safely.
3. The Relationship Between Each Parent and Each Child
The strength and quality of your relationship with your child is crucial. Judges want to know: Who has been the primary caregiver? Who helps with homework and attends doctor’s appointments? Who knows the child’s teachers, friends, and preferences?
This is where documentation matters. I tell my clients to save emails showing involvement, keep calendars of school events, and maintain records of day-to-day parenting. These details paint a picture a judge can understand.
4. The Needs of the Child
Every child has unique physical, emotional, educational, and social needs. The court examines which parent is better positioned to meet those specific needs. This also considers the child’s need for stability and continuity. Children thrive on routine, and courts are reluctant to disrupt established patterns that are working well.
5. The Role Each Parent Has Played in the Child’s Upbringing
This focuses on historical patterns. Who has been responsible for medical appointments, school communications, and extracurricular activities? In many families, one parent has taken on more day-to-day responsibilities. That doesn’t mean the other parent loves the child less, but courts recognize these patterns and often seek to maintain them, especially for younger children.
6. The Propensity of Each Parent to Support the Child’s Relationship with the Other Parent
This is one of the most important factors. Virginia courts strongly favor parents who encourage their child’s relationship with the other parent. If you speak negatively about your ex in front of your child, refuse to cooperate on scheduling, or make visitation difficult, judges notice, and they disapprove.
I’ve seen parents with otherwise strong cases lose custody because they couldn’t demonstrate willingness to co-parent effectively. The judge wants to see that you understand your child benefits from both parents, even if you personally dislike or distrust the other parent.
7. The Relative Willingness and Demonstrated Ability to Maintain a Close Relationship with the Child
This examines which parent is more likely to prioritize active involvement in the child’s life. It’s not enough to say you want custody, you need to demonstrate you’ll make your child a priority. For working parents, this might mean showing flexibility in your schedule or having backup childcare plans.
The court looks at your track record. When you’ve had parenting time in the past, how have you used it? Have you been reliable, engaged, and focused on your child?
8. The Reasonable Preference of the Child
Virginia law allows judges to consider a child’s preference, but this is nuanced. The weight given depends on the child’s age, maturity, and reasons for the preference. Courts give more weight to older children’s preferences, particularly teenagers. A 15-year-old’s well-reasoned preference carries more weight than a 7-year-old’s desire to live where there are fewer rules.
I always caution parents against putting children in the middle. Encouraging your child to “tell the judge” they want to live with you can backfire badly. Judges can usually tell when a child has been coached, and it reflects poorly on the parent who did it.
In some cases, judges may appoint a guardian ad litem, an attorney who represents the child’s interests, especially in high conflict cases.
9. Any History of Family Abuse
This is the most serious factor and can be dispositive. Virginia law defines family abuse as any act involving violence, force, or threat that results in bodily injury or places someone in reasonable apprehension of death, sexual assault, or bodily injury.
If there’s credible evidence of family abuse, whether directed at the child or the other parent, it dramatically impacts custody. A protective order, police reports, medical records, or witness testimony all serve as evidence. In cases involving domestic violence, Virginia law presumes it’s not in the child’s best interest for the abusive parent to have custody. This presumption can be overcome, but it requires clear and convincing evidence, an extremely high bar.
If you’ve been a victim, document everything. Keep copies of protective orders, medical records, police reports, text messages, and emails. If you’re accused of abuse, take it seriously and get legal help immediately. You need an experienced Richmond family law attorney to protect your parental rights.
10. Other Factors Necessary to Consider
This catch-all allows judges to consider anything else relevant that doesn’t fit the other nine categories, including:
- Work schedules and childcare arrangements
- Proximity of each parent’s home to school and activities
- The child’s connection to neighborhood, school, and friends
- Extended family relationships and support systems
- Stability of each parent’s home environment
- Ability to communicate and cooperate
I’ve seen judges consider everything from which parent takes the child to church (when religion is important) to which parent has family nearby to help with childcare to whether one of the parents is a smoker.
How Richmond Judges Apply These Factors
Understanding the factors is one thing; understanding how family court judges apply them is another. Judges don’t use a scorecard where each factor gets equal weight. They look at the totality of circumstances and use these factors as a framework.
Some factors carry more weight depending on your situation. If there’s domestic violence, that overshadows others. Judges also heavily weigh consistency and stability; children generally do better with predictable routines and minimal disruption.
What You Can Do to Strengthen Your Custody Case in Richmond
If you’re facing a custody dispute, here are concrete steps to show the court you’re acting in your child’s best interest:
Be involved and document it. Attend school events, medical appointments, and activities. Save emails, maintain calendars, take photos. When it comes time to show the judge your relationship with your child, you’ll want written evidence.
Maintain stability. If possible, stay in the same neighborhood. Keep your child in the same school and activities. Courts value continuity.
Support the other parent’s relationship. Facilitate visitation, speak respectfully about your ex (at least in front of your child), and show the court co-parenting is about your child’s needs, not your feelings.
Address personal issues proactively. If you’re dealing with mental health concerns, substance abuse, or other challenges, get help. This demonstrates responsibility and commitment to being the best parent possible.
Create a realistic parenting plan. Consider your work schedule and practical logistics. A plan that looks good on paper but won’t work and won’t impress the judge.
Keep detailed records of concerns. If you have legitimate safety concerns, document them. Save concerning texts, document missed visitations, keep a factual journal. But be careful documentation should be relevant, not petty grievances.
Work with an experienced attorney. Custody cases are complex and have high stakes. You need someone who knows how Richmond judges approach these cases and how to present your case effectively.
Protecting Your Relationship with Your Child
In my years practicing family law in Richmond, I’ve learned that custody cases are rarely about “winning”, they’re about finding an arrangement that truly serves your child’s best interest while protecting your relationship with them. The parents who fare best are those who show the court they’re focused on their child’s needs, not on defeating the other parent.
At Cravens & Noll, we’ve helped countless Central Virginia families navigate custody disputes with sensitivity and skill. We understand the fear and uncertainty you’re feeling. We know how much is at stake. And we’re committed to fighting for an outcome that protects your child’s wellbeing and your parental rights.
Every custody case is unique. Virginia’s best interest factors provide a framework, but how they apply to your specific family depends on the details of your situation. The decisions you make now, how you communicate with your ex, how you document your parenting, how you present yourself to the court, can have lasting consequences.
If you’re facing a custody dispute in Richmond or anywhere in Central Virginia, don’t navigate it alone. Contact Cravens & Noll today to schedule a consultation. We’ll review your situation, explain how Virginia’s custody laws apply to your family, and develop a strategy that puts your child first.
Call us at 804-330-9220 or reach out online.
Your child’s future, and your role in it, is too important to leave to chance.
Let us be your lawyers for life and guide you through this challenging time with the experience, compassion, and advocacy you deserve.
Allan Burns is a University of Richmond Law School alum. He excels in the areas of family law, bankruptcy, business law and personal injury.
February 11, 2026
Top 5 Qualities to Look for in a Richmond Family Law Attorney
By David Noll, Managing Attorney, Cravens & Noll, P.C.
When you’re facing a divorce, custody battle, or any family law matter, choosing the right attorney can feel overwhelming. You’re already dealing with one of the most stressful situations of your life. I’ve practiced family law in Richmond for decades, and I’ve seen how the right attorney makes all the difference in both your case outcome and emotional wellbeing.
Most people don’t have a family law attorney on speed dial. When you need one, you’re often in crisis mode. Maybe your spouse just said they want a divorce. Maybe you’re worried about losing time with your children. Maybe you’re trying to protect assets you worked years to build.
Here are the five most important qualities to look for when choosing a family law attorney in Richmond, based on what I’ve learned from handling thousands of divorce, custody, and family law cases across Virginia.
1. Deep Experience with Virginia Family Law
This might seem obvious, but it’s worth stating clearly: Virginia family law has its own unique rules, procedures, and nuances. An attorney who practices in multiple states or is new to family law in Virginia may not have the depth of knowledge you need.
Why Virginia Specific Experience Matters
Virginia has unique divorce requirements. For uncontested divorce, you must be separated for at least one year – or six months if you have no minor children and a signed separation agreement. Virginia doesn’t recognize legal separation like some states, and proving separation while living under the same roof becomes complicated.
Virginia follows equitable distribution for dividing marital property, but “equitable” doesn’t necessarily mean “equal.” Courts consider multiple factors including each spouse’s contributions, earning capacity, and circumstances leading to divorce. A Richmond family law attorney who knows how local judges tend to rule has a significant advantage.
For custody, Virginia courts focus on the best interests of the child. Richmond judges in Henrico Circuit Court, Chesterfield Circuit Court, and Richmond City Circuit Court each have their own tendencies. Local experience matters.
What to Ask About Experience
Don’t be shy about asking direct questions:
- How many years have you practiced family law in Virginia?
- How many cases like mine have you handled in Richmond area courts?
- Are you familiar with the judges who might hear my case?
A confident, experienced attorney will answer these questions directly and help you understand what realistic outcomes look like based on their experience with similar cases.
2. Strong Communication Skills and Accessibility
Family law cases can drag on for months or even years. During that time, you’ll have questions. You’ll need updates. You’ll want to understand what’s happening and why. An attorney who doesn’t communicate well or who’s impossible to reach will leave you feeling anxious and in the dark.
What Good Communication Looks Like
At Cravens & Noll, we believe you deserve to speak directly with your attorney, not just a paralegal or assistant. When you call with questions about your divorce or custody case, you should get answers from the person who knows your case intimately.
Good communication also means explaining things as simply as possible. Family law has its own vocabulary – terms like “pendente lite,” “equitable distribution,” and “material change in circumstances.” Your attorney should translate this legal jargon into language you actually understand.
Since I have been practicing family law for almost 30 years, the process and terminology is second hand to me at this point. However, I am always aware and explain the process to my clients in a way that is understandable to someone who has no experience in these types of matters. Communication is also about managing expectations honestly. I don’t tell clients what they want to hear – I tell them the truth about their case, even when it’s difficult. If your spouse has a strong custody argument, you need to know that upfront so we can address it strategically. If your proposed settlement isn’t realistic given Virginia law, I’ll be honest about that too.
Red Flags in Communication
Watch out for attorneys who:
- Take days or weeks to return phone calls or emails
- Only communicate through staff
- Use legal jargon without explaining what it means
- Make promises that sound too good to be true
- Rush you off the phone or seem annoyed by questions
During your initial consultation, pay attention to how the attorney communicates. Do they listen to your concerns? Do they answer your questions directly? Do you feel heard and understood? These first impressions are important.
3. Genuine Empathy and Understanding
Family law isn’t like other areas of law. I’m walking with people through some of the most painful moments of their lives – the end of a marriage, fighting for time with children, navigating grief, anger, and fear that come with major family transitions.
You’re not just a case number. You’re a person going through an incredibly difficult time. I’ve sat across from clients who could barely speak through tears. I’ve had clients so angry they were shaking. I’ve talked with parents terrified they’ll lose their relationship with their children.
Empathy doesn’t mean I won’t be direct or that I’ll let emotions drive bad decisions. It means I recognize that behind every family law case is a human story involving children, broken trust, financial anxiety, and an uncertain future.
At Cravens and Noll, it is baked into our DNA to provide both emotional support and objective legal guidance. Yes, I understand you’re angry at your spouse. But I also need to help you make rational decisions about custody and finances rather than letting anger drive choices you’ll regret later. A good family divorce lawyer Richmond families trust acknowledges your emotions while helping you focus on achieving the best possible outcome for your future.
4. Willingness to Fight When Necessary (But Also to Negotiate)
Not all family law cases need to be contentious courtroom battles. The best outcomes often come through negotiation and settlement. But you also need an attorney who isn’t afraid to go to trial when necessary.
Many divorces can be resolved through negotiation or mediation. This approach is usually faster, less expensive, less emotionally draining, better for children, and gives you more control over the outcome. We always explore settlement options first.
But sometimes, negotiation won’t produce a fair result. If your spouse is hiding assets, trying to unfairly limit your custody time, or making unreasonable demands, then you need an attorney prepared to fight in court. I’ve tried numerous family law cases in Richmond area courts and I’m ready when clients need me to fight. Opposing counsel knows it – which helps during negotiations.
Ask potential attorneys about their settlement rate versus trial rate, how they decide when trial is necessary, and their track record. You want an attorney who can negotiate skillfully when possible and litigate effectively when necessary.
5. A Multi-Practice Firm That Sees the Bigger Picture
This is something people often overlook when choosing a divorce attorney Richmond, but it can make a huge difference: does your attorney practice only family law, or do they work with a firm that handles multiple practice areas?
Why Multi-Practice Matters
Real life is messy. Family law issues rarely exist in isolation. Consider these common scenarios:
Divorce and Financial Stress – Going through a divorce is expensive. You might suddenly be facing debt you can’t manage on one income. If your divorce attorney works with bankruptcy attorneys, they can identify these issues early and help you plan strategically. At Cravens & Noll, our family law attorneys collaborate with our bankruptcy team to give clients a complete picture of their options.
Custody and Estate Planning – If you’re going through a custody battle, you should also be updating your will, powers of attorney, and beneficiary designations. Having access to estate planning attorneys within the same firm makes this seamless.
Divorce and Criminal Charges – Unfortunately, some divorces escalate to protective orders or criminal charges. If your firm also handles criminal defense, you have immediate access to that expertise without starting over with a new attorney.
Property Division and Real Estate – Complex property division might require real estate transactions, business valuations, or understanding of tax implications. A multi-practice firm has resources to consult across specialties.
Your Lawyers for Life
At Cravens & Noll, we’ve built our practice around the philosophy of being “Your Lawyers for Life.” We don’t want to just handle your divorce – we want to be the firm you call when any legal issue arises, now or in the future.
Maybe today you need a divorce lawyer. Three years from now, you might need help with a custody modification because your ex wants to relocate. Five years down the road, you’re remarrying and need a prenuptial agreement. Ten years from now, you’re ready to buy a new home or start a business. We’re here for all of it.
This continuity matters because we already know you, your history, and your goals. You’re not explaining your situation to a stranger every time you have a legal need. We’ve been serving Richmond families for over three decades with this comprehensive approach, and our clients tell us it makes a real difference.
Making Your Decision
Choosing a family law attorney is one of the most important decisions you’ll make during your divorce or custody case. Take time to meet with a few attorneys before deciding. Use that opportunity to evaluate whether they have these five essential qualities.
Pay attention to whether you feel heard, they explain things clearly, have specific experience with cases like yours, are honest about challenges, and whether you feel confident in their representation.
Trust your instincts, but also do your homework. Check reviews, verify credentials, and ask direct questions about experience and approach.
Why Clients Choose Cravens & Noll
I’m proud to be part of a firm that embodies all five qualities. Our family law team has decades of combined experience in Virginia courts. We’re accessible. We approach every case with empathy while providing objective legal strategy. We negotiate skillfully but aren’t afraid to fight when necessary. And our multi-practice approach means we see the complete picture of your legal needs.
We’ve helped thousands of families navigate divorce, custody, support disputes, and other family law matters across Richmond and Central Virginia. Our clients come back years later for other legal needs and refer friends and family because they know we care.
If you’re facing a family law issue, call us for a consultation. Let’s talk about your situation and goals. I’ll give you an honest assessment with no obligation or pressure.
At Cravens & Noll, we’re your lawyers for life.
David is a partner with Cravens & Noll and has been representing Virginians for over two decades, and is proud to have been awarded The Best Attorney in Richmond by the Richmond Times-Dispatch. His practice includes all matters regarding civil litigation including all family law matters, personal injury, and business law matters. Additionally, he represents individuals and families in the area of consumer bankruptcy.
David’s primary focus is working directly with his clients in order to strongly advocate the best possible result. He ensures that all attorneys at the firm follow the mission to be easily accessible to clients.
David and his family reside in Henrico County. When not working with his clients, David enjoys spending time with his family, running and training for half and full marathons, and as much time at the beach surfing with his children.
January 26, 2026
Navigating Military Divorce near Fort Lee: Special Considerations for Service Members and Spouses
By Joe Cravens, President and Partner at Cravens & Noll, P.C.
Military divorce is fundamentally different from civilian divorce, and if you’re a service member stationed at Fort Lee or the spouse of someone serving there, you need to understand these differences before you take any steps forward.
I’m Joe Cravens, and I served as an Army Judge Advocate before establishing my law practice. Over the past three decades practicing family law in the Richmond and Petersburg area, I’ve represented both service members and military spouses in divorce proceedings. What I’ve learned is that military divorce requires specialized knowledge of federal statutes, military regulations, and Virginia state law – and understanding how all three interact is essential to protecting your rights and your future.
If you’re facing divorce while connected to Fort Lee, this guide will walk you through the key legal considerations you need to understand. Virginia divorce law is complex on its own, but military divorces add layers involving the Servicemembers Civil Relief Act, military pension division under federal law, deployment considerations for custody, and questions about retaining military benefits after divorce.
Let me break down what you need to know.
Why Military Divorces Are Different
Military divorces operate under a combination of Virginia state law, federal statutes, and Department of Defense regulations. The two most important federal laws are the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). The SCRA laws was created to protect service members from legal actions during deployment, while the USFSDA exists to ensure fair treatment of military spouses.
Here are the key factors that make military divorces legally distinct from civilian cases:
Jurisdiction and Residency Issues In a typical Virginia divorce, you need to establish residency – one spouse must have lived in Virginia for at least six months before filing. But military families move frequently. You might be stationed at Fort Lee, but your legal domicile could be another state entirely. Your spouse might have moved back to their home state. These complications affect where you can file for divorce and which state’s laws will govern your case.
The Servicemembers Civil Relief Act (SCRA) This federal law provides critical protections for active-duty service members involved in civil proceedings, including divorce. If you’re deployed or on active duty orders, SCRA can delay divorce proceedings so you’re not forced to handle legal matters while you’re serving overseas or engaged in military operations. While this protects service members, it can be frustrating for spouses who are trying to move forward with their lives.
Military Pensions and Retirement Benefits Military retirement pay is often the most valuable marital asset. Division of military pensions is governed by USFSPA, which allows state courts to treat military retirement as divisible property. However, specific federal rules dictate how much can be divided, when it vests, and how long you must be married to qualify for direct payment from the Defense Finance and Accounting Service (DFAS).
Military-Specific Benefits Beyond retirement pay, military families must consider Tricare health benefits, Basic Allowance for Housing (BAH), commissary and exchange privileges, and Survivor Benefit Plans. Access to these benefits after divorce depends on meeting specific time requirements, particularly the 10/10/10 or “20/20/20 rule.”
Child Custody During Deployment Virginia law requires courts to consider the best interests of the child in custody cases. However, military service adds complexity when a parent receives deployment orders with limited notice. Virginia has specific statutes addressing how deployment affects custody arrangements.
Jurisdiction: Where to File for Divorce
Determining where to file your military divorce is one of the first critical decisions you’ll make. For families connected to Fort Lee, you typically have several jurisdictional options.
Virginia Residency Requirements Under Virginia law (Virginia Code § 20-97), you can file for divorce in Virginia if:
- Either spouse has been a resident of Virginia for at least six months before filing, OR
- The last place you lived together as married spouses was in Virginia, and either spouse continues to reside there
Military Domicile vs. Residence Service members can maintain legal domicile (their home of record for tax purposes) in one state while stationed in another. You might claim Texas or Florida as your domicile while living at Fort Lee. For divorce purposes, you generally can file in:
- Your state of legal domicile
- Your spouse’s state of legal domicile
- The state where either spouse currently resides
Why Jurisdiction Matters Different states have different laws governing property division, spousal support, and child custody. Virginia uses “equitable distribution” for property division, meaning assets are divided fairly based on multiple factors, not automatically split 50/50. Community property states follow different rules. The state where you file determines which laws apply to your divorce.
Practical Considerations for Fort Lee Families If you’ve been stationed at Fort Lee and have established residency in Virginia, filing here provides several advantages. Virginia courts in the Petersburg and Richmond area regularly handle military divorces and understand the unique issues involved. However, your specific circumstances – including where your spouse resides and where your assets are located – should inform this decision.
The Servicemembers Civil Relief Act: Understanding Federal Protections
The SCRA (50 U.S.C. §§ 3901-4043) is federal law that provides important protections for active-duty service members in civil proceedings, including divorce.
What SCRA Protects SCRA allows service members to request a stay (temporary delay) of civil proceedings if their military duties prevent them from appearing in court or adequately defending themselves. This ensures service members aren’t hit with default judgments while deployed or unable to participate in legal proceedings.
Requirements for SCRA Protection To qualify for a stay under SCRA, the service member must demonstrate:
- They are currently on active duty or within 90 days of release from active duty
- Their military duties materially affect their ability to appear in court
- They have a viable defense to the legal action
Duration of SCRA Stays The initial stay is typically 90 days but can be extended if military duties continue preventing the service member’s participation. In cases involving extended deployments, proceedings may be delayed for a year or longer. However, SCRA doesn’t prevent divorce – it postpones proceedings until the service member can adequately participate.
Important Limitations Once a service member returns from deployment and has reasonable time to engage legal counsel and prepare their case, SCRA protections generally end. Courts will not allow indefinite delays simply because someone is on active duty.
For Military Spouses If your spouse is invoking SCRA protection, understand that this is a temporary delay, not a permanent bar to divorce. An experienced military divorce attorney can help navigate these delays while protecting your interests and ensuring SCRA isn’t being misused as a stalling tactic.
Dividing Military Retirement Pay Under USFSPA
Military retirement is frequently the most valuable marital asset, and its division is governed by the Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408). Understanding USFSPA is critical to protecting your financial interests.
What USFSPA Does: USFSPA doesn’t require military retirement to be divided – it authorizes state courts to treat military retirement pay as marital property subject to division under state law. Virginia courts then apply equitable distribution principles to determine how it should be divided.
The 10/10/10 Rule Explained The “10/10/10 rule” is commonly misunderstood. Here’s what it actually means:
If you were married for at least 10 years, have over 10 years in service, if overlap between marriage and service, 10 years of creditable military service, the former spouse can receive their portion of retirement pay directly from the Defense Finance and Accounting Service (DFAS). This is called “direct payment.”
Important clarification: Even if you don’t meet the 10/10/10 rule, retirement pay can still be divided – the former spouse just receives their portion from the service member rather than directly from DFAS.
Division Limits and Calculations USFSPA allows states to divide up to 50% of a service member’s “disposable retired pay.” Virginia courts use equitable distribution principles, considering factors including:
- Length of the marriage
- Overlap of marriage with military service
- Each spouse’s financial circumstances and contributions to the marriage
- Each spouse’s role in enabling the service member’s career
The Coverture (Time Rule) Formula Virginia courts typically use a coverture formula to calculate the marital portion of military retirement:
(Years of military service during marriage / Total years of creditable service) × Retirement pay × Percentage awarded to spouse
For example: A service member completes 20 years of service, with 15 years occurring during the marriage. The marital portion would be 15/20 (75%) of the retirement pay. If the court awards the spouse 50% of the marital portion, they would receive 37.5% of the total retirement pay.
Critical Language Requirements The divorce decree must use specific language that complies with DFAS requirements. Improperly drafted decrees can result in DFAS refusing to honor the division, leaving the former spouse unable to collect their awarded portion.
Child Custody, Visitation, and Deployment
Child custody in military divorces requires addressing both Virginia’s custody standards and the realities of military service, including deployment and relocation.
Virginia’s Best Interest Standard Virginia courts determine custody based on the best interests of the child (Virginia Code § 20-124.3), considering factors including:
- Each parent’s role in the child’s upbringing
- The child’s age and developmental needs
- Each parent’s relationship with the child
- Each parent’s ability to maintain the child’s relationship with the other parent
- The child’s adjustment to home, school, and community
- Each parent’s physical and mental health
- History of family abuse, if any
In military divorces, the court also considers the service member’s military obligations and their impact on the child’s stability.
Deployment and Custody Modifications Virginia Code § 20-124.2:1 specifically addresses military deployment and custody. Key provisions include:
- Deployment alone cannot be the sole factor in a permanent custody modification
- Courts can create temporary custody arrangements during deployment
- The service member’s custody rights generally resume upon return from deployment
- Courts must consider the best interests of the child when making deployment-related custody decisions
Creating Effective Parenting Plans Military families need detailed parenting plans that specifically address:
- Advance notice procedures when deployment orders are received
- Communication methods during deployment (video calls, email, care packages)
- Temporary custody arrangements – who cares for the child during deployment
- Make-up visitation after deployment ends
- Relocation procedures when permanent change of station (PCS) orders arrive
- Decision-making authority during deployment for medical, educational, and religious decisions
Family Care Plans: Active-duty service members with dependents are required by military regulation to maintain a Family Care Plan designating a caregiver for their children during deployment. This plan should align with your divorce decree’s custody provisions to avoid conflicts.
Spousal Support and Military Pay Considerations
Spousal support (alimony) in military divorces involves unique calculations due to the structure of military compensation.
Virginia Spousal Support Law Virginia courts award spousal support based on factors outlined in Virginia Code § 20-107.1, including:
- Each spouse’s income, earning capacity, and financial resources
- Duration of the marriage
- Standard of living established during the marriage
- Age and physical/mental condition of each spouse
- Each spouse’s contributions to the marriage (financial and non-financial)
- Each spouse’s needs and obligations
Components of Military Compensation When calculating a service member’s income for support purposes, courts consider all elements of military pay:
- Base pay – the fundamental salary component
- Basic Allowance for Housing (BAH) – housing compensation, amount varies by location and dependency status
- Basic Allowance for Subsistence (BAS) – food allowance
- Special pays – hazardous duty pay, flight pay, overseas pay, etc.
BAH and Dependency Status BAH rates differ significantly between “with dependents” and “without dependents” status. During separation, service members may claim “with dependents” status if still legally married. After divorce, without custody, the service member typically receives the lower “without dependents” rate.
This change affects both the service member’s ability to pay support and should be considered when negotiating support amounts.
Support Enforcement Military regulations require service members to provide adequate financial support to family members. Department of Defense regulations state that service members must comply with court-ordered support obligations. Failure to pay can result in military disciplinary action in addition to civil contempt proceedings.
Health Care and Military Benefits After Divorce
Understanding which benefits you retain after military divorce is critical, particularly regarding health care coverage through Tricare.
The 20/20/20 Rule – Full Benefits Retention A former spouse retains full military benefits indefinitely if they meet all three requirements:
- The marriage lasted at least 20 years
- The service member performed at least 20 years of creditable service
- There were at least 20 years of overlap between the marriage and military service
Benefits retained under 20/20/20 include:
- Full Tricare health coverage
- Commissary and exchange privileges
- Use of military recreational facilities
- Retention of military ID card
The 20/20/15 Rule – Temporary Coverage If you meet these criteria, you receive transitional Tricare coverage for one year:
- 20 years of marriage
- 20 years of military service
- At least 15 years (but less than 20 years) of overlap
This one-year coverage provides time to secure alternative health insurance.
Continued Health Care Beneficiary Program (CHCBP) Former spouses who don’t meet the 20/20/20 or 20/20/15 rules may purchase continued Tricare coverage for up to 36 months under CHCBP. You must enroll within 60 days of losing eligibility.
Survivor Benefit Plan (SBP) SBP provides continued retirement income to survivors if the military retiree dies. Former spouses can be designated SBP beneficiaries, but this must be specifically addressed in the divorce decree.
Critical timing: The service member must elect former spouse SBP coverage within one year of the divorce decree. Missing this deadline means losing the option permanently.
Benefits Considerations in Settlement Negotiations These benefits have significant monetary value. If you’re close to meeting 20/20/20 requirements, the timing of your divorce filing can determine whether you retain lifetime benefits or lose them entirely. This should factor into settlement negotiations and divorce timing decisions.
Military Divorce Considerations Specific to Fort Lee
Fort Lee, home to the U.S. Army’s Combined Arms Support Command and Sustainment Center of Excellence, is one of Virginia’s largest military installations. The Petersburg and Richmond area courts regularly handle military divorce cases and are familiar with the unique issues involved.
Local Court Experience The proximity to Fort Lee means local courts in Petersburg, Hopewell, and Richmond frequently address:
- SCRA stay requests
- Military pension division
- Deployment-related custody modifications
- Military benefits preservation issues
This local familiarity can benefit military divorce cases filed in these jurisdictions.
Available Support Services Fort Lee provides resources for military families, including:
- Army Community Service (ACS) family advocacy programs
- Military and Family Life Counselors
- Staff Judge Advocate office for basic legal information (limited to general guidance, not representation)
Understanding Legal Assistance Limitations, The JAG legal assistance office at Fort Lee can provide general legal information and help with basic documents like powers of attorney. However, they cannot represent you in divorce proceedings. You need private counsel for divorce representation.
Why Military-Focused Legal Experience Matters Military divorce requires understanding both military culture and complex legal frameworks. An attorney with military experience – whether through service or extensive practice with military families – brings practical knowledge about:
- How military command structures work
- Communication with commanders when necessary
- Military benefits systems and their requirements
- The specific challenges military families face
Common Mistakes in Military Divorces
Understanding these common errors can help you avoid costly problems in your military divorce:
- Hiring Attorneys Without Military Divorce Experience Military divorce law is specialized. General family law attorneys without regular military divorce experience may miss critical issues involving:
- Proper USFSPA language for pension division
- SCRA protections and limitations
- Military benefits eligibility requirements
- Deployment custody provisions
- Improper Military Pension Division Language Divorce decrees must use specific language that complies with DFAS requirements. Common errors include:
- Failing to specify “disposable retired pay”
- Not using the proper coverture formula
- Omitting required legal citations
- Using imprecise percentage calculations
These errors can result in DFAS rejecting the pension division order entirely.
- Missing the 20/20/20 Threshold Spouses who are within one or two years of meeting the 20/20/20 rule should carefully consider divorce timing. The difference between 19 years of overlap and 20 years of overlap is the difference between lifetime military benefits and no benefits.
- Failing to Address Survivor Benefit Plan (SBP) SBP elections must be made within one year of the divorce. Missing this deadline means losing the option permanently. The divorce decree should specifically require the service member to elect former spouse SBP coverage.
- Neglecting Deployment Provisions in Custody Orders Custody orders that don’t specifically address deployment create ambiguity and future litigation. Clear provisions about temporary custody during deployment, communication during deployment, and post-deployment resumption of custody prevent conflicts.
- Ignoring Differences in State Law If you or your spouse maintains legal domicile in a different state, understand how that state’s laws might affect your case. Community property states have fundamentally different property division rules than Virginia’s equitable distribution system.
Next Steps: Getting Appropriate Legal Help
Military divorce near Fort Lee requires navigating Virginia family law, federal military statutes, and Department of Defense regulations. The decisions you make will affect your financial security, your relationship with your children, and your access to military benefits for years to come.
As someone who served as an Army Judge Advocate before establishing my law practice, I understand both the legal complexities and the practical realities of military life. That background, combined with over three decades practicing family law in Virginia, has given me specialized knowledge in military divorce cases.
What to Expect in a Consultation When you meet with an attorney experienced in military divorce, the consultation should address:
- Your specific circumstances and goals
- Jurisdictional options and which state’s laws should apply
- Timeline considerations, including SCRA implications if applicable
- Military pension division using proper USFSPA calculations
- Benefits eligibility and the impact of divorce timing
- Custody arrangements that account for military service requirements
- Strategy for protecting your rights and financial interests
Taking Action Time-sensitive issues in military divorces include:
- SCRA protections if deployment is imminent
- 20/20/20 eligibility if you’re approaching the threshold
- SBP elections (must be made within one year of divorce)
- Custody provisions before deployment orders arrive
At Cravens & Noll, we provide consultations for military divorce cases. This allows you to discuss your situation, understand your options, and make informed decisions about how to proceed – without obligation to proceed.
Since 1995, Cravens & Noll has served Virginia families with a commitment to being “Your Lawyers for Life.” We handle not just your immediate legal needs but provide ongoing counsel for whatever challenges you face throughout your military career and beyond.
If you’re a service member stationed at Fort Lee, a military retiree, or a military spouse facing divorce, get experienced legal counsel that understands your unique circumstances. The complexity of military divorce law requires specialized knowledge – make sure your attorney has it.
Contact us to schedule a consultation so we can help you navigate the complexities of your military divorce.
The information provided in this blog is for educational purposes only and does not constitute legal advice. Military divorce cases are complex and highly individual. For specific advice about your situation, contact Cravens & Noll, P.C.
Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary. Commissioned an officer in the United States Army, 1984, Commissioned a United States Army Judge Advocate (JAG) 1987. Veteran of “Operation Just Cause”, Panama, December 1989-February 1990. “Operations Desert Shield and Desert Storm”, Saudi Arabia, Iraq and Kuwait, August 1990 – May 1991.
He is a past adjunct professor at Nova University and has spoken on law of war to service members, pre-deployment and reservists. Mr. Cravens is a member of the Virginia State Bar, and the bars of the U.S. Court of Claims, the U.S. Court of Military Review, the U.S. Court of Military Appeals, the U.S. 4th Circuit Court of Appeals and the United States District Courts for the Eastern and Western Districts of Virginia, the Virginia Trial Lawyers Association, The American Association for Justice, the Richmond, Chesterfield/Colonial Heights, Henrico County, and American Bar Associations.
Mr. Cravens is a Life Member of the Million Dollar Advocates Forum, which is an organization of attorneys who have received verdicts or settlements in excess of $1,000,000.00. Less than 1% of all trial lawyers in America qualify for membership.
In 2023, Mr. Cravens was once again selected as a Top 100 National Trial Lawyer in the Commonwealth of Virginia.
November 19, 2025
Cravens & Noll Named One of the Best Law Firms in Richmond, David Noll Voted Best Attorney
We are honored and humbled to announce that Cravens & Noll has been voted one of Richmond’s Best Law Firms, and our partner David Noll has been named Richmond’s Best Attorney by readers of the Richmond Times-Dispatch!
These awards hold special significance as we celebrate 30 years of serving the Richmond community – three decades of standing by our clients through life’s most challenging moments. Since our founding 30 years ago, we’ve remained committed to one simple promise: to be Your Lawyers for Life.
A Recognition Built on Trust
This recognition doesn’t belong to us alone, it belongs to every client who has trusted us with their legal needs over the past three decades. Whether you came to us for help with a personal injury case, a divorce, estate planning, or any of the other legal challenges life throws our way, you made these awards possible.
Thank you for your trust, your votes, and your ongoing support.
Service to Richmond Spanning Across 4 Decades
Cravens & Noll has had the privilege of protecting and serving the rights of over 25,000 people throughout Virginia. We’ve been there for Richmond families as one of the best law firms during their toughest moments, from car accidents and workplace injuries to custody battles and estate planning.
What sets us apart isn’t just our legal expertise across multiple practice areas. It’s our commitment to treating every client with the personal attention they deserve. When you call Cravens & Noll, you speak directly with your lawyer, no middleman, no endless calls. Because we understand that when you need legal help, this is your life – not just another case number.
Why “Your Lawyers for Life” Means Everything
Being voted Best Law Firm in Richmond and having David Noll recognized as Best Attorney in Richmond by the readers of the Richmond Times Dispatch reflects the relationships we’ve built with this community. Many of our clients come back to us again and again throughout different seasons of their lives – for a personal injury claim one year, help with estate planning the next, or guidance through a difficult family matter down the road.
That’s what being “Your Lawyers for Life” truly means. We’re here for whatever comes next, ready to fight for your rights and protect your interests no matter what legal challenge you face.
Serving Richmond Across Multiple Practice Areas
Our team at Cravens & Noll represents clients across Central Virginia in:
- Personal Injury
- Family Law & Divorce
- Criminal Defense
- Estate Planning & Wills
- Traffic & DUI
- Bankruptcy
- Small Business Law
- And more
With four offices serving Richmond and Harrisonburg, we’re positioned to help our community whenever and wherever they need us. That’s one of the many reasons we were named one of Richmond’s best law firms.
Looking Forward to the Next 30 Years
As we celebrate this recognition and our 30th anniversary, we remain as committed as ever to providing exceptional legal representation to the people of Richmond. We’re grateful to be part of this community, and we look forward to serving you for decades to come.
If you need legal assistance or simply want to schedule a consultation, we’re here for you. Because at Cravens & Noll, we’ll always be your lawyers for life.
Contact Cravens & Noll:
Phone: 804-330-9220
Website: cravensnoll.com
Cravens & Noll P.C. has been protecting and serving the rights of Virginians since 1991. Named Richmond’s Best Law Firm by Richmond Times-Dispatch readers, with partner David Noll recognized as Richmond’s Best Attorney.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
October 22, 2025
How Do I Find a Family Law Attorney
As with other law practice areas, you don’t typically think about the process of finding a family law attorney in Powhatan (or anywhere) until you absolutely need to.
To help you in your search for a family law attorney, we’ve compiled some tips on steps that will help you make the best decision you can for hiring a family law attorney.
Here are the 4 things you need to know to hire a family law attorney in Powhatan and the full Richmond, Virginia area:
- Know what type of lawyer you need
- Know where you’ll file your case
- Know what your options are
- Know what makes a good family lawyer
Know What Type of Lawyer You Need
Not all lawyers work in all practice areas. Many of them specialize in specific types of law. Before you begin your search for a family law attorney, you need to know if your case is something that qualifies as family law.
Family law, otherwise known as “domestic relations” or “matrimonial law”, can typically include the legal matters surrounding marriage or family relations such as divorce, custody, adoption, or prenuptial agreements.
You will need a family lawyer in Powhatan (or in the Richmond area) if your case involves one of the following:
- You would like to get married with a prenuptial agreement
- You and your spouse are pursuing a divorce, annulment or legal separation
- You would like to modify a divorce agreement
- You would like guidance or modify the terms of spousal support, alimony or child support
- You are pursuing an adoption
- You and your child’s other parent cannot agree on custody or visitation
Know Where You Will File Your Case
Most cases are filed in the county where the person who is filing the case lives, or if it is a matter involving child custody or support, where the child primarily resides The person who files is called either the plaintiff or petitioner.
It’s important to consider the legal residence of the plaintiff because family laws vary from state-to-state. Because the laws are different from state-to-state, each state has a bar association that the lawyer must join before he/she can practice law.
A lawyer who practices family law in Richmond and Chesterfield county, for example, might join the Greater Richmond Bar Foundation or the Chesterfield Bar Association.
Your friend in another state might have a good recommendation for a family law attorney that they trust, but if they don’t have a license to practice law in Virginia, you can’t hire them. If your friend has a good recommendation for a family law attorney who practices in another part of the state and is not familiar with the courts and judges in your area, you may want to consider another attorney who practices more in your area.
Know What Your Options Are
Once you know where you are looking for a family law attorney, you should search for the law firm that will best represent you. You can begin your search on your state’s bar association directory or on a search engine like Google or Bing.
If you search online, you’ll want to include the county or city that you are looking for a family lawyer in rather than “near me.” A good local family lawyer, even if they are on the other side of the city/county, may serve your needs better than the lawyer that happens to be closest to you at the time that you are searching.
Most lawyers have a website that will tell you a little about them and what practice areas they are involved in. They might have some informative resources on their website that give you a snapshot of the types of cases they handle. There might even be answers to some of the frequently asked questions that you might already be wondering about!
Know What Makes a Good Family Lawyer
A good family lawyer should be:
- In good standing with their state’s bar association
- Easy to get in touch with
- Willing to answer questions
- Clear about how much they charge
- Can explain to you a good plan to be successful in your case
Family law attorneys help you navigate legal matters that are sometimes simple but are usually very complex. It’s important that you evaluate a family lawyer not just for what they do in court but how they treat you as you work with them. A good family lawyer has excellent communication skills both in listening to your claim and in explaining your legal options.
Give Your Family Law Attorney a Call
Once you’ve found a family law attorney in Powhatan (or whatever area you are in), contact them. Many lawyers in our local Richmond area have a contact form on their website. If not, their phone number is usually not too hard to find.
If they’re like us (Cravens & Noll is also a local Richmond, Chesterfield, Henrico, Colonial Heights, and Harrisonburg family law attorney with years of experience in these county courts and the counties surrounding them), you’ll be greeted by a friendly receptionist that will set up a consultation for you. The consultation will help them gather the information they need so they can handle your case. Feel free to schedule your consultation with one of our family law attorneys today.
And with that, your search for a family law attorney is complete!
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
October 8, 2025
What Are The Stages of Separation in Divorce
Understanding The Stages of Separation in Midlothian with Cravens & Noll
In Virginia, a no-fault divorce requires you to be separated from your spouse for at least one year. However, if you have a signed agreement and no minor children together, this period can be reduced to six months in your separation in Midlothian (and across Virginia).
During this phase, your marriage may feel like it’s in limbo. You might be uncertain about what is or isn’t allowed—both in your interactions with your spouse and in the dating world.
In some Virginia courts, legal separation doesn’t necessarily mean living under separate roofs. If you meet the standards for “in-home” separation, it may be considered valid. This typically requires physical separation—such as living in separate rooms or separate residences—and a clear intent to divorce. Proving separation while living under the same roof can be challenging, especially if you have children.
In practical terms, in-home separation means minimizing interactions that characterize a marital relationship. You and your spouse should no longer cook for each other, do each other’s laundry, or maintain joint bank accounts.
Despite the challenges of this period, there is a silver lining. The transition allows you and your spouse to emotionally process the end of your marriage, helping you navigate the stages of separation with greater clarity.
Like any significant loss, the end of a relationship involves a grieving process. The widely recognized five stages of grief, introduced by Elisabeth Kübler-Ross in her 1969 book On Death and Dying, apply to divorce as well. While everyone moves through these stages differently, most experience them in some form and order.
Denial: Struggling to Accept Finality
In the denial stage, you may find it difficult to accept that your marriage is truly ending. This is a natural response and part of making peace with your inner optimist. However, prolonged denial can be problematic if it leads you to rationalize the issues that led to the divorce in the first place.
Moving past denial means reaching certainty about your decision. You’ll be ready for the next stage once you fully accept that ending the relationship is the best course of action.
Anger: Struggling to Accept Peace
Once denial fades, anger often follows. Accepting that the divorce is happening may lead to frustration—whether at your spouse, yourself, or the circumstances that led you here. While these emotions may seem negative, they are a natural part of the process.
Acknowledging your anger without letting it consume you is key. Suppressing it can make the next stage—bargaining—even more challenging.
Bargaining: Struggling to Accept True Justice
Bargaining often arises as an attempt to find relief from the emotional discomfort of separation. You may entertain thoughts of reconciliation or be tempted to compromise your rights regarding custody, finances, or personal well-being.
It’s important to remember that, in Virginia, the separation period must be marked by an intent to divorce. If you waver in this commitment, it could impact your legal standing or lead to decisions that are not in your best interest. Reaffirming your certainty from the denial stage can help you navigate this phase wisely.
Depression: Struggling with Feeling Trapped
When bargaining fails to bring resolution, feelings of sadness or hopelessness can take hold. Recognizing that there’s no easy way to undo the separation in Midlothian can be disheartening, leading to a sense of entrapment.
While feeling down is normal, prolonged depression can affect your well-being. If it begins to impact your quality of life or leads to thoughts of self-harm, seek professional support. Divorce is challenging, but help is available, and you don’t have to face it alone.
Acceptance: Hope for Your Post-Divorce Future
Few people bypass the earlier stages and jump straight to acceptance. It takes time to fully process the emotional weight of a divorce. However, reaching acceptance is a powerful milestone. It enables you to move forward with clarity, free from resentment, self-doubt, or unnecessary compromises.
From a legal standpoint, approaching divorce proceedings from a place of acceptance positions you for the best possible outcome. Our team of experienced divorce lawyers serving Richmond, Chesterfield, and Harrisonburg, Virginia, is here to support you in securing a fair and favorable post-divorce arrangement.
If you have questions about divorce in Virginia, explore our website or contact us for more information.
Cravens & Noll – Your Lawyers For Life
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 10, 2025
What Should Be Included in a Divorce Settlement
Getting a divorce can be a long and difficult process. Emotions are high as you end what you thought would last forever. One of the most contested yet important parts of a divorce is writing up the divorce settlement agreement. This process involves sitting down with your ex-spouse and determining how you both will split your assets. Reaching an agreement can be stressful, especially if the other party is uncooperative or you go in without a plan. You may not fully understand what should be included in the agreement. While there are plenty of assets that need to be split between a divorced couple, there are some common items that every agreement should include. This post will help to dispel any general questions or concerns you might have about creating a divorce settlement agreement in Midlothian.
How A Divorce Attorney Can Help You
A lawyer argues for your best interests. These agreements can be made before or after you officially separate, but it’s recommended that you complete the agreements.
This helps the divorce process go smoothly, helping you avoid any extra lawyer fees or complications in court.
It’s recommended that you hire a family law attorney to advise you during the agreement proceedings. Your attorney will fight for your rights and help both you and your spouse reach a compromise on certain points.
How Does a Divorce Settlement Work?
When you and your spouse decide to separate, you both need to determine who gets what assets and, if with children, how you both plan to support them.
The point of a divorce settlement agreement is to put these plans in writing to make them legally binding.
Every marriage is different, meaning your separation in Midlothian isn’t going to look like anyone else’s. While there are common elements of each divorce settlement, like splitting assets and determining child support, you should consider what you both want, specifically.
Begin By Gathering Necessary Documentation
You should gather as much documentation or information as it relates to salaries over the past several years, values of investments, amounts of debt, and values of real estate, and tax returns. You do not have to have every document before meeting with an attorney, but it is helpful to begin the drafting of a divorce agreement if you have this information.
Be as Detailed as Possible in Your Agreement
When starting your divorce agreement in Midlothian, it’s important to include as much relevant information as possible.
This information helps the court to understand the conditions of your marriage and separation.
While you should consult with an attorney to make sure you don’t leave anything out, here are some standard pieces of information to include:
- Date of your marriage
- Date of your separation
- Why you’re getting divorced
- If you have any, the names and ages of your children
- Your current living arrangements and addresses
Find and Divide Your Assets
This is when tensions begin to rise in a divorce proceeding. It’s important to fairly divide the assets between each spouse. These assets include any properties or debts shared by the spouses.
This can include cars or houses, along with their respective loans and payments. This is where having an attorney comes in handy.
They will:
- Protect your best interests during these proceedings
- Help you both figure out all of your assets
- Help you accurately divide them.
As you both figure out how to split your shared assets, it’s important to compromise on certain items and stay steadfast on others.
Deciding Child Custody
Child custody is probably the most contested agreement in any divorce.
Deciding child custody and creating a parenting plan are emotionally charged discussions between two spouses. You both love your children and want what’s best for them.
Be sure to figure out the plan that’s best for them, not yourselves.
You can choose between one parent having sole and physical custody, joint legal custody with one parent have primary custody, shared legal and physical custody, and split custody
Sole custody:
- One parent is the physical custodian and decision maker, while the other is given reasonable access to the child for visitation
Joint Legal Custody:
- Both parents have equal say for important decisions, one parent has physical custody and the other parent has visitation.
Shared Custody:
- Both parents share equally say for important decisions, and both parents have significant time with the child/children.
- Does not have to be 50/50, it can be that one parent has weekends during school and equal time during the summer. The custodial time can vary depending on the parent’s schedules and the best interest of the children.
- If both parents can work reasonably well together, this is often times the best for the children.
Split custody:
- Is fairly rare
- It involves one parent being responsible for one child, while the other is responsible for another child.
- This plan is usually only used in special circumstances, like if there are many children or if the child is old enough to make their own decisions.
Agreeing on Child and Spousal Support in Virginia
When determining how much should be paid towards child support, the amount is based on what state you’re in.
Virginia has a calculator to determine how much child support one may have to pay depending on incomes, health insurance and daycare costs.
Spousal support is much more difficult to determine. This is often times the most difficult issue to negotiate and settle in a divorce agreement.
While you cannot keep a child from receiving support, you can waive your spousal support, also known as alimony.
Double Check Everything In The Settlement
Before you turn in your divorce settlement, make sure you double check everything in the document.
Make sure all of your spelling and grammar is correct and that both you and your spouse agree on the terms.
This is one of the most important steps of the divorce process. Once the agreement is legally binding, it is what the legal system will refer to when issues with your separation are brought forward.
Divorce Agreement Attorney
Deciding your divorce settlement agreement in Midlothian can be stressful and time-consuming. That’s why you need an attorney you can trust to fight for your best interests.
The divorce attorneys at Cravens and Noll have years of experience in handling all parts of a separation case.
Contact us to schedule a consultation so we can help you during this difficult moment in your life.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
