If you intend to file a divorce in state of Virginia, there are some requirements that should be fulfilled.
The first requirement is the residency requirement. To file a divorce in Virginia, one of the spouses must be a resident of Virginia in the last six months preceding the divorce.
A contested divorce is also termed as a fault divorce where one spouse makes certain allegations on the other based on five grounds available in Virginia law such as cruelty, abandonment, willful desertion, adultery, and/or incarceration. In some cases, both the parties decide on parting ways but other issues such as child custody and property division are not settled due to the difference of opinion between the parties. Another form of dissolve bonds of matrimony in Virginia is an uncontested dissolve bonds of matrimony. In this kind of dissolve bonds of matrimony, parties do not make any allegations against the other and they enter into a mutual agreement about property division and child custody.
In uncontested dissolve bonds of matrimony cases, the parties have to prove a separation period. If the parties have no children, the separation period is 6 months that must be accompanied by a signed and notarized property settlement agreement. However, if the parties have children, the separation period is one year.
Divorce proceedings in courts begin with the filing of the Complaint in the circuit court that has proper jurisdiction for your dissolve bonds of matrimony case. Before filing a dissolve bonds of matrimony in Virginia, you should have an idea about the documents that are filed in a dissolve bonds of matrimony case.
Documents in a dissolve bonds of matrimony case include a complaint for dissolve bonds of matrimony, a waiver of service, property agreement if any, any photos, emails or letters exchanged between the parties, hearing request form, and other such documents.
At the beginning of the complaint, the parties have to mention if the dissolution of marriage is a fault dissolution of marriage or no-fault dissolution of marriage. If the divorce is due to the disagreement between the parties, it is a fault dissolution of marriage. In fault divorces, after a complaint is filed, the other party files an answer to the complaint.
If the opposing party decides to not oppose the dissolution of marriage, a waiver of services is filed. In uncontested dissolution of marriage cases, once a waiver of service is received, a hearing is set and dissolution of marriage will be entered. In contested dissolution of marriage cases, if the other spouse fails to provide a response to the complaint within 21 days, the party filing for dissolution of marriage can request for entering of dissolution of marriage by default.
However, such dissolution of marriage by default cannot be entered against a spouse who is in the military. If the other spouse is in prison, such a spouse will be offered legal representation and can avail the benefit of these services. Virginia law allows the parties to represent their case by themselves but if you try to handle the dissolution of marriage hearing without skilled legal counsel, you may not receive a fair division of property.
Being honest and straightforward in your dissolution of marriage case will help you win your case. Judges tend to see through fabricated facts. In cases involving adultery and cruelty stating the true facts to the court is more important as these grounds depend on circumstantial evidence. All allegations on financial matters should be supported by appropriate documentation.
Mr. Sris has helped numerous clients get a ending of the marriage are all variations in the state of Virginia. B