The Divorce Process in Virginia FAQs Fairfax Lawyer

Does Virginia have a residency requirement for divorce?

Yes. Prior to the filing of the divorce, at least one spouse must have lived in Virginia for no less than six months. A Virginia court is able to grant a divorce order effectively terminating the marriage even if the other spouse has never stepped foot in Virginia. Members of the armed forces, if are stationed in Virginia for at least six months are applicable and are thought of as residence of the state of Virginia. Members of the armed forces who were recently stationed outside the state of Virginia can meet the residency specificity by proving that they have lived in Virginia for six months directly prior to the foreign assignment started.

Is a lawyer needed if everything is agreed upon in the divorce?

A plaintiff can represent their self, which is called proceeding “pro se”, if the spouses have a rather simple case and both spouses agree entirely. However, the plaintiff is expected by the judge to go through the same rules that an attorney would have to go through. Nevertheless, it is advised to get legal advice since even in simple cases, legal paperwork and a settlement agreement will need to be drawn up and the complications are preferably gone through by someone who’s got past experience in the matter. On the other hand, complications such as emotional custody battle or a complex financial analysis may come in the way and interfere with the thoughts of the plaintiff whom is presenting their self.

What are the recognized grounds for divorce in Virginia?

If the spouses have lived separate and apart without cohabitation for a disrupted specific period of no less than one year, Virginia law grants no-fault divorces. Considering the spouses have signed a written separation agreement, and they have no minor children born of the marriage or have adopted children.

Furthermore, grounds upon which a divorce may be allowed include:

  1. Adultery
  2. Conviction of a felony after the marriage
  3. Sentenced to confinement for more than one year
  4. Acts of cruelty caused physical or emotional pain, or deliberately deserted the other spouse.

Each fault ground requires specific proof.

In Virginia, what does the term “spousal support” mean?

Spousal support is money paid by one spouse to another due to other spouse’s loss of the benefit of the marriage’s income in response to the divorce. An order from the court may order one spouse to financially support the other during the process of the divorce or/and after the divorce become final. The court decides upon the amount of the spousal support depending on the circumstances and the factors which contribute to the termination of the marriage, such as adultery and other grounds divorce dependent.

What is “child custody” in accordance with the laws of Virginia?

Child support is a form of support payment that is often ordered when two parents are no longer living together. Commonly, the non-custodial parent pays the support to the parent who has sole or primary physical custody, as the parent who is no living with the child. Nevertheless, parents with shared custody may also be ordered to pay child support.

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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