Divorce In Virginia How Long Separated Before Filing Divorce VA Fairfax Lawyer

Divorce is the process of terminating a martial union. In the state of Virginia, The United States of America, it is required that spouses live away from each other for at least a year or six months if they have no minor children before filing for an uncontested divorce. This process is simplified if both sides of the marriage agree.

There are two types of dissolution of marriage recognized by the state of Virginia. These include uncontested dissolution of marriage and contested dissolution of marriage. Uncontested dissolution of marriage means that both spouses agree to the terms and agreements of separation and have no major issue with the division of assets, debts and custody. Even though certain legal requirements have to be met an uncontested dissolution of marriage is much faster than a contested dissolution of marriage this is due to the fact that spouses can end their marriage without negotiations, legal posturing and constant court hearings. Thus it involves less stress and reduced legal fees.

A contested dissolve bonds of matrimony happens when both sides can’t come to an agreement on one or more key issues. When an agreement is not reached even after the assistance of both legal counsels then they must approach the court. The judge then decides for them as they are incapable of reaching an agreement, this is a long process which requires more time than an uncontested dissolve bonds of matrimony.

Actions are filed in the circuit court, juvenile and domestic relations or family court.

To be able to dissolve bonds of matrimony or legally separate in Virginia at least one spouse must be a genuine member of Virginia’s Commonwealth for at least six months. The dissolve bonds of matrimony may be filed in the country or city in which the spouses last resided together. Or the plaintiff may decide to file the dissolve bonds of matrimony in the country or city in which the defendant resides, if the defendant is a resident of Virginia the plaintiff may choose to file the dissolve bonds of matrimony in Virginia. Similarly, the dissolution of marriage may be filed in the country or city in which the plaintiff resides, if the plaintiff resides in Virginia then the dissolution of marriage may be filed in Virginia.

The grounds the Virginian state laws take into place in a divorce include the no-faults and faults. To get a no-fault divorce in Virginia both spouses have to live apart from each other for up to one year or six months if the couple has no minor children, both without interruption. This separation agreement may shorten the time it takes for a divorce. Acceptable fault grounds in Virginia include adultery, including homosexual acts whereby the evidence must be clear and convincing, cruelty which requires physical or extreme emotional harm, abandonment in which one party leaves the martial residence without the other spouses consent or the conviction or imprisonment of one spouse for a year. Providing on a fault ground rather than a no-fault ground is much more complicated and time consuming. However it may be worth the effort as the proof of fault may have an effect on the division of martial property and an alimony.

For a no-fault divorce there is no additional waiting period after the separation requirements stated above have been met. If a fault divorce is filed on abandonment or cruelty then the court will only finalize the divorce after a year of living apart. However, there is no waiting period for finalizing a divorce based on adultery or other sexual actions outside the marriage.

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. C

Scroll to Top