Marriage

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516 Baylor CourtChesapeake, Virginia 23320

Telephone: 757.420.7722Facsimilie: 757.424.3293

email: shbryant@davislawgrouppc.com

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At Davis Law Group, P.C. we are dedi-cated to providing quality legal services to our clients through hard work and a commitment to sound business prin-ciples including honesty, integrity, re-spect and service. We want to make a difference by providing valuable assis-tance, guidance and support while re-solving issues that concern our clients.

Family LawWhether you are presently married

or about to enter a marriage, you should be aware of your rights, obligations and options as a married person.

vpre-marital agreements

v child custody & support

v separation agreements

v equitable distribution

v divorce v adoption

SuAnne Hardee Bryant heads the Civil Litigation and Family Law section of Da-vis Law Group, P.C. Her practice focuses on Litigation in the areas of Business and

Corporate matters, Real Estate, Fam-ily Law, Custody and Guardianship.

Whatmyself into?

have I gottenMrs. Bryant and the entire staff at DLG want to help you make the right deci-sions for your fam-ily’s future.

davis Law Group p.c

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ATTORNEYS AND COUNSELLORS AT LAW

It’s all about peace of mind.

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Marriage is one of the most important and life changing decisions that people will ever make, yet many do not know the full extent of the rights and responsibilities that attach when one says “I do.” And, unfortunately, they may not understand their options if the relationship ends in separation or divorce. Whether you are presently married or about to enter a marriage, you should be aware of your rights, obligations and options as a mar-ried person.

marriage - what is it?

In Virginia, marriage may be defined as a con-sensual relationship between a man and a woman that is recognized, favored and regulated by soci-ety. Virginia law requires that a man and woman of appropriate age and mental status agree to marry, obtain a license and then engage in some form of marital celebration. Once these require-ments are met, a valid and recognizable marriage is created, and certain rights and responsibilities immediately attach between the parties.

what are spousal marital rights?

Once validly married, both parties immedi-ately incur certain incidents, or consequenc-es, of their marriage, including inheritance rights, support rights, and property rights. Under Virginia law, a person cannot write her/his spouse out of her/his will (i.e. disinherit their spouse), absent one of the Agreements dis-cussed below. Just by virtue of being legally mar-ried, each of the parties to the marriage are entitled to an interest in the other’s estate, called the elec-tive share. In addition, each party is entitled to a family allowance, an exempt property allowance, and possibly a homestead allowance. Further,

each party has the right to live in the marital home for one year following the death of their spouse.

Upon entering into a valid marriage, the parties become finacially responsible for one another and have a duty of support. Virginia law states that spouses are responsible to each other for necessary items (food shelter, clothing) during the course of their marriage. Additionally, if a married couple separates or pursures a divorce, the Court may order one party to pay spousal support to the other based upon one’s ability to pay and the other’s need to receive.

Additionally, spouses have property rights in as-sets acquired during their marriage. As such, in Virginia, marital property will be divided through a process known as equitable distribution. Equi-table (fair) distribution is not a 50/50 split of the marital assets, but rather a method that enables the Court to consider various statutory factors and then divide the marital assets accordingly.

can marital rights be limited?

Marital rights are typically limited by the cre-ation of either a Pre-Marital Agreement (“Pre-nup”), a Marital Agreement, or Stipulation and Property Settlement (“Separation”) Agreement.

A Pre-Marital Agreement is a valid and enforce-able contract entered into by prospective spouses in an effort to limit the rights and responsibilities that immediately attach once the parties marry. This agreement, which is effective upon the par-ties’ marriage, is often a great souce of security for parties who are contemplating entering into the marriage relationship.

A Marital Agreement is a valid and enforceable contract entered into by spouses after the mar-riage but not in contemplation of the parties’ separation. This Agreement is effective upon signing and enables the parties to limit the rights and responsibilities that attached upon their marriage.

A Separation Agreement is a valid and enforce-able contract entered into by spouses who have decided to separate. This Agreement serves as a “roadmap” during the parties’ separation period, outlining and resolving the martial rights and re-sponsibilities of the parties.

HOW IS A MARRIAGE TERMINATED?

A marriage can be teminated upon the death of one of the parties or upon a court order of annul-ment or divorce. Under Virginia law, an annulment is a court dec-laration that a valid marriage never existed be-tween the parties. An annulment, which is not as common as a divorce, is granted in limited cir-cumstances such as those involving fraud, duress, or noncompliance with one or more of the statu-tory requirements for marriage. Issues relating to custody, support (both child and spousal), and property division may be resolved via the annul-ment process. Divorce is a statutory proceeding to terminate the marriage relationship. Grounds for divorce in Virginia include, but are not limited to, desertion, adultery, and cruelty with reasonable apprehen-sion of bodily harm. Just as with annulment, the issues relating to custody, support (both child and spousal), and property division resolved through the divorce process. Once entered, the provisions of a final divorce decree can establish the parties’ rights permanently.

This article, based upon Virginia law, is issued to inform, not to advise. If you have questions about your marital rights or you have decided to separate or divorce, please call us today.

Marital Rights and Responsibilities

in Virginia

For additional information on Family Law, please contact SuAnne Hardee Bryant, Esq.

at Davis Law Group, P.C. (757) 420-7722