Abogado Divorcio Virginia Tiempo Separación Divorcio Virginia Divorcio

There are   two types of divorces in the state of Virginia  : fault and no fault. If a spouse is filing for divorce on the basis of fault, he is accusing his spouse of doing something wrong such as committing adultery or cruelty. Divorce filed on grounds of misconduct can be filed at any time. In a no-fault divorce, the spouses are not accusing each other of wrongdoing, but have come to an agreement that their marriage should end. In the case of a no-fault divorce, a couple must be legally separated for at least one year from the date of separation before they are allowed to file for divorce. This time can be reduced to 6 months from the date of separation under the following conditions:

• No minor (under the age of 18) will participate in the marriage

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• Both parties sign a written agreement that resolves any issues that may arise with the dissolution of the marriage.

The date of separation is the date a couple ceases to cohabit martially. A couple can be legally separated and live under the same roof as long as there is no marital component to the cohabitation according to the Commonwealth of Virginia.
At the end of the 12-month separation period, a couple can file for divorce. The time it takes to finalize a divorce depends on the amount of time it takes to reach an agreement. In a  no-fault divorce  , this can take up to three months, while a fault divorce can take anywhere from 3 to 18 months to finalize due to major disagreements between the parties.
The legal separation is known as a “bed and board” divorce. The difference between a bed and board divorce and a bond of marriage divorce is that in a bed and board divorce, a person cannot remarry according to the state of Virginia.
To obtain a  legal separation in the state of Virginia  , a person must sue his or her spouse for either of these two reasons:

• Voluntary desertion / abandonment
  • Requires proof showing that the spouse left the home with the intention of separation, i.e., does not plan to return
• Cruelty
  • For separation to occur for cruelty, the physical or mental abuse must rise to the level of bodily harm or cause reasonable harm to the victim. A judge can order a spouse to move out of the marital residence if cruelty is filed against them.

The divorce is filed in the highest court (Circuit Court) of each county in the state of Virginia. To file for a divorce in Virginia, a person must be a resident of a county in Virginia for at least six months.
If a person is unable to file for misconduct and cannot wait for the 12-month separation period, they can contact the Juvenile and Domestic Relations District Court, a lower level court that handles marital and family matters under virginia law
If you need a Virginia divorce attorney to help you with your Virginia divorce case, call us at 888-437-7747. Our Virginia divorce attorneys can help. C