In Virginia, there are two types of divorce: fault-based and no-fault.
For a fault-based divorce, the grounds for divorce consist of adultery, cruelty, desertion, and felony conviction.
- Adultery represents when one spouse engages in sexual relations with someone outside the marriage.
- Cruelty can comprise physical, emotional, or mental abuse that endangers the health or safety of the other spouse.
- Desertion is when one spouse leaves the marital home and refuses to return without a justifiable reason, like abuse or adultery.
- A felony conviction states when one spouse is convicted of a felony and sentenced to more than one year in prison.
For a no-fault divorce, the grounds for divorce are separation.
In Virginia, the couple needs to live apart for at least one year, or six months if they have a separation agreement and no minor children.
When it comes to determining which grounds for divorce apply to your case, it’s important to consult with an experienced family lawyer who can evaluate the detailed facts and circumstances of your case & situation.
They can possibly help you understand your legal options and direct you through the divorce process, whether you pursue a fault-based or no-fault divorce. But first, let’s get in-depth in accordance with the types of cases:
- Adultery: If one spouse engages in sexual relations with someone outside the marriage, the other spouse can file for divorce on the grounds of adultery.
- Desertion or abandonment: If one spouse has abandoned the other for a year or more without justification, the abandoned spouse has full rights to file for divorce on the grounds of desertion.
- Cruelty or abuse: When one spouse has been physically or mentally abusive towards the other, the abused spouse can effectively file for divorce on the grounds of cruelty.
- Separation: If the spouses have lived apart for at least one year without interruption or for at least six months if they have a separation agreement and no minor children, either spouse may file for divorce on the grounds of separation.
- Felony conviction: If one spouse has been convicted of a felony and sentenced to more than one year in prison, the other spouse may file for divorce on the grounds of a felony conviction.
Now, all you need to do is, Seek an experienced Family Lawyer in Virginia. As we know, Virginia is a “no-fault” divorce state, which means that a spouse can also file for divorce without proving fault by citing a breakdown of the marriage and an irretrievable breakdown of the relationship.
Note: When you’ve been confirmed to file a divorce case, it’s essential to consult a family lawyer who can advise you on the same grounds that apply to your case & guide you through the legal process.
How long does the divorce process take in Virginia? in paragraph
The length of the divorce process in Virginia might vary as per various factors, including the case’s complexity, whether the divorce is contested or uncontested, and how quickly the parties can resolve issues like property division, spousal support, and child custody and support.
In Virginia, an uncontested divorce can naturally be finalized within a few months, whereas a contested divorce can take suggestively longer, sometimes up to a year or more. In addition, during a contested divorce, the parties might have to attend multiple court hearings and engage in negotiations or mediation to resolve issues, including property division, alimony, and child custody.
Though, it’s very important to ensure the length of the divorce process can be influenced by other factors, including the court’s caseload and scheduling availability and any disputes or delays that may arise during the legal process.
All you want to do is, seek a knowledgeable Divorce lawyer to direct the divorce procedure in Virginia and confirm that your rights & interests are protected throughout the process.
How can I protect my children’s best interests during the divorce process?
Going through a divorce can be tough for children, and it’s eventually important to prioritize their well-being & best interests throughout the process.
Here are some ways to confirm that your children’s best interests are always protected during the divorce process:
- Get a family lawyer’s support: A family lawyer can benefit you to understand your legal rights & obligations related to child custody, visitation, and support. Simultaneously, advocate for your children’s best interests and support you in negotiating a parenting plan that works for everyone involved.
- Include mediation: Mediation can be a supportive way to resolve child custody and visitation disputes without going to court. A neutral third party facilitates productive discussions and supports parents in reaching an agreement that works for their children.
- Look-up co-parenting: Preserving a positive and cooperative relationship with your co-parent is significant throughout the divorce process and beyond. This can support that your children have a stable and supportive environment and can sustain strong relationships with both parents.
- Stable Children’s routine: Attempt to maintain consistency and stability for your children during the divorce process. Please keep them in the same school and extracurricular activities, and confirm that they have regular access to both parents.
- Prioritize the children’s requirements/essentials: During the divorce process, it’s important to prioritize your children’s needs over your own. In addition, try to provide strong emotional support, reassurance, and stability as they navigate this tough time.
Finally, with these tips, you can help protect your children’s best interests during the divorce process and beyond. Then, if you are ready to proceed legally, it’s time to talk to our Divorce Lawyer or Best Divorce Lawyer near me to acquire the possible legal support as per your case.