Abogado Divorcio Sin Culpa VA Divorcio Sin Culpa Fairfax Divorcio VA
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Divorce is defined as the legal termination of a marriage. A no-fault divorce is when one party to a marriage asks for a divorce without proving that the other party did something to cause the original party to demand a divorce. A divorce by mistake is when a divorce is triggered because one of the two parties committed a fault.
These errors may include the following:
- Adultery.
- Cruelty or physical pain.
- One of the two parties committed a crime.
The state of Virginia is a no-fault divorce state, but under certain conditions. The conditions are as follows:
- The two parties do not have a minor child and have been legally separated for six months before filing for a no-fault divorce.
- The two parties have at least one minor child and have been legally separated for 12 months before filing for a no-fault divorce.
- At least one spouse lived in the state of Virginia for at least six months prior to filing for no-fault divorce.
In the state of Virginia, for a no-fault divorce to occur , the two parties must prepare an agreement showing the conditions under which the divorce will be resolved between them. The agreement is called a property settlement agreement. This can be done without an attorney, but hiring a highly experienced staff in such cases will decrease the time frame in which the settlement and finalization of the divorce is made.
The agreement will discuss the terms on which assets, children, and support are arranged.
These conditions will include the following:
- The support that each spouse will offer or obtain from the other; Y
- Custody of the children and which spouse will pay the child support or whether the child support will be divided equally between both spouses.
In the state of Virginia, the terms on which the agreement is based are not necessarily evenly divided. In Virginia, the terms are divided to be as fair to both parties to a no-fault divorce as possible.
The procedure for a contested divorce is the same as a no-fault divorce in the state of Virginia. The person filing for divorce is the plaintiff, while the party receiving the divorce file is the respondent. Both parties to the divorce may still be required to participate in a deposition at an attorney’s office or may appear before the judge who is told to try the case at an oral hearing. When all the files are all together, and the legitimate time frame of separation has been met, the judge will approve the Final Order of Divorce. The separation time frame should be as follows:
- The two spouses are separated by six months and have no minor children.
- The two spouses are separated by 12 months. The period is longer in this case due to the fact that the spouses have mutual minor children.
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