Many people who desire a divorce in Virginia have no idea about Virginia divorce laws. Though they are well aware that these laws are going to completely affect their divorce case, they remain ignorant of these laws.
You need to be aware of the divorce laws in Virginia to take forward your divorce case more confidently.
The laws in Virginia are designed to be just and make divorce a fair resolution between the divorcing parties.
There are certain mandatory requirements to be fulfilled for someone to file a divorce in Virginia. Being a legal resident of Virginia for at least six months before filing the complaint is the most important requirement.
The issue of child custody as a result of children from marriage tends to make the divorce extremely complex. To file for a divorce from a marriage where there are children the parties need to show a separation period of one year while this separation period is reduced to six months where there are no children.
Begin separated from the other spouse means they are no longer cohabiting together and have refrained from having any physical relationship. In most cases involving separation period, the parties have entered into a separation agreement.
If the parties enter into an agreement about their property, it could be good for both sides. If they are unable to arrive at an understanding then the court decides the issues between them including distribution of property.
Cases involving complex issues such as custody child support, spousal support are extremely complex, stressful and time-consuming. Some common grounds of divorce in Virginia include adultery, cruelty, and/or a felony conviction.
If one party in the marriage has an affair with a third person outside the marriage, then divorce may be awarded on the ground of adultery. If one party commits a felony that has lead to one-year incarceration, then the other party has a valid ground to file for divorce. If one party in the marriage causes harm to the other by acting in a violent manner, cruelty becomes the ground for such divorce.
In uncontested divorces with no children, if the separation period requirement of six months is fulfilled and the partied have mutually entered into a separation agreement with provisions of custody, support, and property division, the divorce will be granted.
A complaint for divorce contains clauses that provide relevant evidence supporting the residency requirements, the date and location of the marriage, date of birth of children if any, the ground for divorce and other such clauses
If a complaint is filed the opposing party files the counterclaim and the divorce proceeds after hearing both the parties and arrives at a judgment.
Mr. Sris has helped many clients with divorce cases in Virginia.