must consider factors in Virginia

2025While the court must consider the factors in the statute, “it is not ‘required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.’” Sargent v. Sargent, 20 Va. App. 694, 702 (1995) (quoting Woolley v. Woolley, 3 Va. App. 337, 345 (1986)).

2006While the court must consider the factors in the statute, “it is not ‘required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.’ ” Sargent v. Sargent, 20 Va.App. 694, 702 , 460 S.E.2d 596, 599 (1995) (quoting Woolley v. Woolley, 3 Va.App. 337, 345 , 349 S.E.2d 422, 426 (1986)).

2025While the court must consider the factors in the statute, “it is not ‘required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.’” Sargent v. Sargent, 20 Va. App. 694, 702 (1995) (quoting Woolley v. Woolley, 3 Va. App. 337, 345 (1986)).

2006While the court must consider the factors in the statute, “it is not ‘required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.’ ” Sargent v. Sargent, 20 Va.App. 694, 702 , 460 S.E.2d 596, 599 (1995) (quoting Woolley v. Woolley, 3 Va.App. 337, 345 , 349 S.E.2d 422, 426 (1986)).

2011However, a comparative analysis of the parents is encompassed in a trial court’s consideration of the best interest factors mandated by the legislature, and is not a separate required enumeration by the trial court prior to or in addition to its determination of the best interest of the children. “[I]n determining the best interest of the child, the court must consider the factors enumerated in Code § 20-124.3.” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 .

2011However, a comparative analysis of the parents is encompassed in a trial court’s consideration of the best interest factors mandated by the legislature, and is not a separate required enumeration by the trial court prior to or in addition to its determination of the best interest of the children. “[I]n determining the best interest of the child, the court must consider the factors enumerated in Code § 20-124.3.” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 .

2014In fashioning an equitable distribution award, the court must consider the factors in Code § 20-107.3(E). “[A]s long as the trial court considers all the factors, it is at the court’s discretion -5- to determine what weight to give each factor when making the equitable distribution award.” O’Loughlin v. O’Loughlin, 20 Va. App. 522, 526 , 458 S.E.2d 323, 325 (1995) (citation omitted). “‘Virginia law does not establish a presumption of equal distribution of marital assets.

2014In fashioning an equitable distribution award, the court must consider the factors in Code § 20-107.3(E). “[A]s long as the trial court considers all the factors, it is at the court’s discretion -5- to determine what weight to give each factor when making the equitable distribution award.” O’Loughlin v. O’Loughlin, 20 Va. App. 522, 526 , 458 S.E.2d 323, 325 (1995) (citation omitted). “‘Virginia law does not establish a presumption of equal distribution of marital assets.

2001"In setting the amount of support, the court must consider the factors listed in Code § 20-107.1, including the financial condition of the parties, the distribution of the marital estate, the tax consequences, and other factors related to the equities between the parties." Taylor v. Taylor, 27 Va. App. 209, 216-17 , 497 S.E.2d 916, 919 (1998).

2001"In setting the amount of support, the court must consider the factors listed in Code § 20-107.1, including the financial condition of the parties, the distribution of the marital estate, the tax consequences, and other factors related to the equities between the parties." Taylor v. Taylor, 27 Va. App. 209, 216-17 , 497 S.E.2d 916, 919 (1998).

2017“In determining what custodial arrangement serves the best interests of a child, the court must consider the factors enumerated in Code § 20-124.3.” Lanzalotti, 41 Va. App. at 554 , 586 S.E.2d at 883 .

2017“In determining what custodial arrangement serves the best interests of a child, the court must consider the factors enumerated in Code § 20-124.3.” Lanzalotti, 41 Va. App. at 554 , 586 S.E.2d at 883 .

2014It is within the discretion of the court to make an equal division or to make a substantially disparate division of assets as the factors outlined in Code § 20-107.3(E) require.’” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002) (quoting Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998) (internal citations omitted)).

2014It is within the discretion of the court to make an equal division or to make a substantially disparate division of assets as the factors outlined in Code § 20-107.3(E) require.’” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002) (quoting Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998) (internal citations omitted)).

2014It is within the discretion of the court to make an equal division or to make a substantially disparate division of assets as the factors outlined in Code § 20-107.3(E) require.’” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002) (quoting Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998) (internal citations omitted)).

2014It is within the discretion of the court to make an equal division or to make a substantially disparate division of assets as the factors outlined in Code § 20-107.3(E) require.’” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002) (quoting Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998) (internal citations omitted)).

2011Even so, we do not “retry the facts or substitute our view of the facts for those of the trial court.” Congdon, 40 Va. App. at 266 , 578 S.E.2d at 838 (citation and internal quotation marks omitted).

2011Even so, we do not “retry the facts or substitute our view of the facts for those of the trial court.” Congdon, 40 Va. App. at 266 , 578 S.E.2d at 838 (citation and internal quotation marks omitted).

2011“In determining the best interests of the child, the court must consider the factors enumerated in Code § 20-124.3,” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 , and it “must consider all the evidence and facts before it,” Venable v. Venable, 2 Va. App. 178, 186 , 342 S.E.2d 646, 651 (1986) (citing Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).

2011“In determining the best interests of the child, the court must consider the factors enumerated in Code § 20-124.3,” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 , and it “must consider all the evidence and facts before it,” Venable v. Venable, 2 Va. App. 178, 186 , 342 S.E.2d 646, 651 (1986) (citing Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).

2011“In determining the best interests of the child, the court must consider the factors enumerated in Code § 20-124.3,” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 , and it “must consider all the evidence and facts before it,” Venable v. Venable, 2 Va. App. 178, 186 , 342 S.E.2d 646, 651 (1986) (citing Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).

2011“In determining the best interests of the child, the court must consider the factors enumerated in Code § 20-124.3,” Vissichio, 27 Va. App. at 246 , 498 S.E.2d at 428 , and it “must consider all the evidence and facts before it,” Venable v. Venable, 2 Va. App. 178, 186 , 342 S.E.2d 646, 651 (1986) (citing Brown v. Brown, 218 Va. 196, 199 , 237 S.E.2d 89, 91 (1977)).

2009We will not reverse a court’s equitable distribution unless it appears from the record that the court “has abused [its] discretion, that [it] has not considered or has misapplied one of the statutory mandates, or that the evidence fails to support the findings of fact underlying [its] resolution of the conflict in the equities.” Robinette v. Robinette, 10 Va. App. 480, 486 , 393 S.E.2d 629, 633 (1990).

2009We will not reverse a court’s equitable distribution unless it appears from the record that the court “has abused [its] discretion, that [it] has not considered or has misapplied one of the statutory mandates, or that the evidence fails to support the findings of fact underlying [its] resolution of the conflict in the equities.” Robinette v. Robinette, 10 Va. App. 480, 486 , 393 S.E.2d 629, 633 (1990).

2008However, while “‘Code § 20-124.3 requires the trial court to identify the fundamental predominating reason or reasons underlying its decision[,]’” the trial court is not required “‘to address all aspects of the decision making process, as one would expect from comprehensive findings of fact and conclusions of law.’” Id. at 555, 586 S.E.2d at 883 (quoting -3- Kane v. Szymczak, 41 Va. App. 365, 373 , 585 S.E.2d 349, 353 (2003)). “[T]here is a presumption on appeal that the trial court thoroughly weighed all of the evidence, considered the statutory requirements, and made its determination based

2008However, while “‘Code § 20-124.3 requires the trial court to identify the fundamental predominating reason or reasons underlying its decision[,]’” the trial court is not required “‘to address all aspects of the decision making process, as one would expect from comprehensive findings of fact and conclusions of law.’” Id. at 555, 586 S.E.2d at 883 (quoting -3- Kane v. Szymczak, 41 Va. App. 365, 373 , 585 S.E.2d 349, 353 (2003)). “[T]here is a presumption on appeal that the trial court thoroughly weighed all of the evidence, considered the statutory requirements, and made its determination based

2006While the court must consider the factors in the statute, “‘it is not “required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.”’” Cloutier, 35 Va. App. at 425 , 545 S.E.2d at 580 (citations omitted).

2006While the court must consider the factors in the statute, “‘it is not “required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.”’” Cloutier, 35 Va. App. at 425 , 545 S.E.2d at 580 (citations omitted).

2005See, e.g., Theismann v. Theismann, 22 Va.App. 557, 573 , 471 S.E.2d 809, 816 (noting that the trial court must consider factors other than the parties' standard of living during the marriage, such as the factors that contributed to the dissolution of the marriage and the duration of the marriage), aff'd on reh’g en banc, 23 Va.App. 697, 479 S.E.2d 534 (1996).

2005See, e.g., Theismann v. Theismann, 22 Va.App. 557, 573 , 471 S.E.2d 809, 816 (noting that the trial court must consider factors other than the parties' standard of living during the marriage, such as the factors that contributed to the dissolution of the marriage and the duration of the marriage), aff'd on reh’g en banc, 23 Va.App. 697, 479 S.E.2d 534 (1996).

2005See, e.g., Theismann v. Theismann, 22 Va.App. 557, 573 , 471 S.E.2d 809, 816 (noting that the trial court must consider factors other than the parties' standard of living during the marriage, such as the factors that contributed to the dissolution of the marriage and the duration of the marriage), aff'd on reh’g en banc, 23 Va.App. 697, 479 S.E.2d 534 (1996).

2005See, e.g., Theismann v. Theismann, 22 Va.App. 557, 573 , 471 S.E.2d 809, 816 (noting that the trial court must consider factors other than the parties' standard of living during the marriage, such as the factors that contributed to the dissolution of the marriage and the duration of the marriage), aff'd on reh’g en banc, 23 Va.App. 697, 479 S.E.2d 534 (1996).

1998In setting the amount of support, the court must consider the factors listed in Code § 20-107.1, including the *217 financial condition of the parties, the distribution of the marital estate, the tax consequences, and other factors related to the equities between the parties. 4 Although the trial court has “discretion in deciding whether to order periodic or lump sum payments, periodic payments are the preferred form.” Mosley v. Mosley, 19 Va.App. 192, 197 , 450 S.E.2d 161, 164 (1994).