Preguntas Frecuentes proceso divorcio en Virginia Fairfax Abogado

Does Virginia have a residency requirement for divorce?

Yes. Before  filing for divorce  , at least one spouse must have lived in Virginia for no less than six months. A Virginia court can grant a divorce order ending the marriage, even if the other spouse has never set foot in Virginia. Members of the armed forces, if stationed in Virginia for at least six months, are eligible and considered to be Virginia state residents. Members of the military who were recently stationed outside the state of Virginia may meet the residency requirement by showing that they have lived in Virginia for six months directly before the foreign assignment began.

Is a lawyer needed if everything is agreed upon in the divorce?

A plaintiff may represent himself or herself, which is called a “pro se” proceeding, if the spouses have a fairly simple case and both spouses fully agree. However, the judge expects the plaintiff to abide by the same rules that a lawyer would have to abide by. However, it is recommended that legal advice be obtained, as even in simple cases, legal paperwork and a settlement agreement will need to be drafted, and complications will preferably be resolved by someone who has prior experience in the matter. On the other hand, complications such as  an emotional custody battle  or a complex financial analysis can interfere with the thoughts of the plaintiff who is coming forward.

What are the recognized grounds for divorce in Virginia?

If the spouses have lived apart and apart without cohabitation for a specified uninterrupted period of not less than one year, Virginia law grants no-fault divorces. Taking into account that the spouses have signed a separation agreement in writing, and do not have minor children who have been born or have adopted children.

Also, the grounds on which a divorce may be allowed include:

1. Adultery
2. Conviction of a felony after marriage.
3. Sentenced to confinement for more than a year
4. The acts of cruelty caused physical or emotional pain, or deliberately abandoned the other spouse.

Each ground fault requires a specific test.

In Virginia, what does the term “spousal support” mean?

Spousal support is money paid by one spouse to another due to another spouse’s loss of the marital income benefit in response to divorce. A court order may direct one spouse to support the other financially during the   divorce process   and/or after the divorce is final. The court decides the amount of spousal support based on the circumstances and factors that contribute to the termination of the marriage, such as adultery and other dependent grounds for divorce.

What is “child custody” under Virginia law?

Child support is a form of support payment that is often requested when two parents no longer live together. Typically, the non-custodial parent pays support to the parent who has sole or primary physical custody, such as the parent who does not live with the child. However, parents with joint custody can also be ordered to pay child support.
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