Divorce is defined as the legal termination of a marriage. A no-fault divorce is when one party of the two parties of a marriage asks for a divorce without proving that the other party did something to trigger the original party to demand a divorce. A fault divorce is when a divorce is triggered because one of the two parties committed a misdoing.
These misdoings may include the following:
- 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 follow:
- The two parties do not have a minor child and have legally separated for six months before asking for a no-fault divorce.
- The two parties do have at least one minor child and have legally separated for 12 months before asking for a no-fault divorce.
- At least one spouse lived in the state of Virginia for at least six months before a no-fault divorce file.
In the state of Virginia, for a no-fault divorce to occur, the two parties must prepare an agreement showing the conditions in which a divorce will settle between them. The agreement is called a Property Settlement Agreement. This can be done without a lawyer but hiring a highly experienced in such cases will decrease the time period in which the agreement is done and finalizing the divorce. The agreement will discuss conditions in which assets, children and support are agreed upon.
These conditions will include the following:
- The support that each spouse will offer or get to/ from the other; and
- Child custody and which spouse will pay child support or if the child support will be divided fairly between both spouses.
In the state of Virginia, the conditions on which the agreement is based on are not necessarily divided evenly. In Virginia, the conditions are divided to be fair for both parties of a no-fault divorce as much as possible.
The procedure of a contested divorce is the same as a no-fault divorce in the state of Virginia. The individual who asks for the divorce is the complainant while the party who receives the divorce file is the responder. Both parties of the divorce still might be required to partake in a statement at a lawyer’s office or it might in front of the judge that is told to judge the case amid an oral hearing. When every one of the archives is all together, and the legitimate separation time frame has been met, the judge will approve the Final Order of Divorce. The separation time frame should be as following:
- The two spouses are separated for six months and have no minor children.
- The two spouses are separated for 12 months. The period is longer in this case due to the fact that the spouses have mutual minor children.