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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 six months. However, if a member of the military wants to file for divorce in Virginia, she can do so if she has resided in Virginia for at least six months, or has lived for six months on a federally controlled airline. Military base for six months and/or lived on a ship homeported in Virginia. Also, if a member of the military is currently stationed outside of Virginia, she can still file for divorce in Virginia if he can show that he lived or resided in Virginia for a period of not less than six months.

How does someone file for a divorce?

If someone files for divorce, he/she is considered the plaintiff. He/she can file a document with the Virginia Circuit Court, which is called a complaint. The plaintiff must also pay the required fees. Also, the grounds for divorce, if any, the time of their period of separation, the ages of any living children they have, the military status of each spouse, the current living status of each spouse, where the couple was married , the date the couple married, and residency requirements must be on file. Typically, a private process server or bailiff serves the plaintiff’s complaint on the other spouse or is also known as the defendant.

Is there a fault divorce in Virginia?

A  judgment of divorce is fabricated in Virginia  if one spouse is convicted of a felony with any prison term and is sentenced to at least one year or 12 months, if either spouse is in fear of bodily harm from their partner, the spouse deserted or abandoned the other, and/or any sexual activity is acted out outside of their marriage.

Is there a no fault divorce in Virginia?

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

What does desertion mean?

When a person has left a marriage against the wishes of the other spouse, they are said to have left the marriage under Virginia law. However, it does not mean that the deserter is only leaving for a temporary period of time, for he/she to be deserting, he/she must intend to leave permanently. In addition, either spouse must prove that the deserting spouse left the deserted spouse against his or her wishes, and there was no justification for the deserted spouse’s abandonment, and ultimately, the termination of the marriage was the deserting spouse’s intention.

If someone deserted, can they be excused?

If someone is suffering from health problems because of the actions of their spouse, the living conditions of the marriage, or if the spouse is being abused by their partner in some way that the court finds intolerable, then they are exempt from desertion.
If you need a Virginia Divorce Lawyer to help you with your Virginia divorce case, call us at 888-437-7747. Our Virginia divorce attorneys can help. C