Divorce in Virginia with Child Lawyer
The process of legally ending a marriage is divorce
When one person in a marriage decides to end the marriage without making any allegations on the other spouse, then such a divorce proceeding is no-fault divorce.
A fault divorce is proceedings based on allegations made by one party against the other.
A fault divorce may be based on the ground of adultery, cruelty or desertion. No fault divorce is allowed in Virginia based on fulfilling certain conditions like the absence of a minor child in the marriage and separation of 6 months is shown and there exists a signed separation agreement. No- fault dissolve bonds of matrimony means the dissolve bonds of matrimony does not require any ground to be shown for a dissolve bonds of matrimony to be granted.
If the parties have children, they should prove separation for one year before the date of filing. At least one of the parties to the dissolve bonds of matrimony must resided in Virginia for a period of 6 months before filing for dissolve bonds of matrimony.
A no-fault dissolve bonds of matrimony will be granted only if the parties can prove the lawfully required period of separation. The presence of a minor in marriage is a major factor in a dissolve bonds of matrimony case. If children are present in the marriage, the dissolve bonds of matrimony will frequently involve issues of minor guardianship, visitation and juvenile maintenance. Cases involving minor guardianship are most often fought vigorously in court.
Virginia law provides for three types of minor guardianship determinations which are joint legal custody, sole legal custody, and joint physical custody. In joint legal custody, both parents are bound to discuss and take major decisions in the minor child’s life
Joint physical custody indicates a situation where both parents are given physical custody of the child and both parties discuss and decide the period of time the child resides with each parent. Sole physical custody of a child is a situation where one parent alone is given all rights to take all decisions concerning the child’s life
Mr. Sris has helped numerous clients get a divorce with a child in Virginia.