FAQs About Divorce in Virginia Fairfax Attorney

In Virginia, is there a Residency Requirement?

In order for a divorce to be filed in Virginia, one of the spouses must have lived in Virginia for at least for six months. However, if a member of the army wants to file a divorce in Virginia, he/she can do so if they have been a resident in Virginia for at least six months, or have lived for six months in a federally controlled naval, air, military base for six months and/or, he/she lived in a ship with Virginia home port. Moreover, if a member of the army is currently stationed outside of Virginia, he/she can still file a divorce in Virginia if he/she can prove that they lived or were resident in Virginia for a period of not less than six months.

How Does Someone File for a Divorce?

If someone files for a divorce he/she is considered to be the plaintiff. He/she can file a document to the Virginia Circuit Court, which is called the complaint. The plaintiff must also pay the required fees. Additionally, the grounds for divorce, if applicable, the time of their separation period, the ages of any living children that they have, the military status of each spouse, the status of each spouse’s current lifestyle, the place where the couple married, the date on which the couple got married, and the residency requirements must be filed. A private process server or sheriff will usually be the one that delivers the complaint from the plaintiff to the other spouse or also known as the defendant.

Is There a Fault Divorce in Virginia?

A fault divorce in Virginia is made if a spouse is convicted of a felony with some time of imprisonment and is sentenced to at least one year or 12 months, if any spouse is fearful of any bodily harm from his/her significant other, if a spouse abandoned or deserted the other, and/or any sexual activity is acted outside of their marriage.

Is There a No-Fault Divorce in Virginia?

In Virginia, both spouses must have lived apart from each other for at least one year without interruption in order for a no-fault divorce to be filed. Additionally, the spouse’s will only have to live apart for six months if they enter a valid separation agreement and have no minor children.

What does Desertion mean?:

When a person had left a marriage against the wishes of the other spouse, then he/she is said to have deserted the marriage in accordance to the laws of Virginia. However, it does not mean the deserter is only leaving for a temporary time period, in order for him/her to be deserting he/she must have an intention to leave permanently. Furthermore, any spouse must prove that the deserting spouse left the deserted spouse against his/her wishes, and there was no justification of the desertion from the deserted spouse, and finally, the ending of the marriage was the intent of the deserting spouse.

If someone made a desertion, can it be excused?

If someone is suffering from health problems from his/her spouse’s actions, the living conditions of the marriage, or if the spouse is being abused by their significant other in any way that the court finds intolerable, then he/she is excused of a desertion.

If you need a Virginia Divorce Lawyer to help you with your divorce case in Virginia, call us at 888-437-7747. Our Virginia divorce attorneys can help you.

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