Divorce is one of the most personal legal matters you will face in your lifetime. Therefore, it’s essential to hire experienced and compassionate Arlington, VA divorce lawyers to handle your case. You want attorneys who pay attention to even the small details and who care about what happens in your future. You’ll find those attorneys at Curran Moher Weis. Our lawyers have countless decades of combined experience helping Virginia spouses with the most mundane and most complex family law matters. Nothing is too big or too small for our team to manage. We know you have many questions when it comes to divorce, and we are here to help you understand your rights and this process.
One spouse must have lived in Virginia for over six months and intended for this state to be their permanent residence before filing a Complaint for Divorce. You will need to file the complaint at the Circuit Court Clerk’s office in the county courthouse where either you or your spouse lives.
Depending upon your circumstances, you must also be separated between six and 12 months to be granted a divorce. If you have children who are under 18, you must be separated for a minimum of 12 months to file for a no-fault divorce. Suppose you don’t have any minor children. In that case, you have to live separately for six months, with a separation agreement in effect. In addition, the judge can consider the grounds for divorce as a determinant of the necessary time to be separated.
An annulment isn’t a divorce, and it doesn’t end a marriage. Instead, it legally makes it as if the marriage never occurred. It’s a Court decision that the marriage was never legal from the beginning. Not everyone qualifies for an annulment; Courts can only grant annulments in the following circumstances:
Yes, Virginia law allows for several fault-based divorces, including:
It should be noted that the only non-fault ground in Virginia is living separately and apart for one year. Alternatively, if you live apart for six months, don’t have any minor children, and have already signed a Property Settlement Agreement, you can also be granted a divorce. However, the reason for divorce is also a factor that the Court will consider when deciding on property division.
Either spouse has the legal right to file a divorce at any time as long as one spouse meets Virginia’s residency requirements and grounds for divorce. It doesn’t matter if one spouse is in the military. But, the divorce case can be stayed or paused for a short time while one spouse is on active duty. The Court is required to put the case on hold and refrain from any action on the matters of:
As with all legal matters, it’s in your best interest to have legal representation in your divorce. Even if you and your spouse agree on all matters, you always want someone in your corner who is familiar with Virginia family laws and your rights. Our knowledgeable divorce lawyers can guide you through this process no matter how simple or complex your divorce will be.
Divorce is often a mentally and emotionally challenging process. The compassionate divorce lawyers at Curran Moher Weis will meet with you, assess your unique situation and offer you the legal support you need based on your specific situation. If you want to take swift, bold action, we can do that. If you’d prefer someone who can guide you slowly and methodically through the process, we can do that, too. No two divorces are the same, and we honor that with the legal services we provide.
We serve clients throughout Arlington and nearby, providing individualized attention to each client. When it comes to matters of family law, your needs are unique, and you deserve personalized and careful attention in matters as crucial to your future as your divorce. To schedule a confidential consultation, call us today at (571) 328-5020 or get in touch online.