Are you considering divorce? The first step should be to discuss your options with a divorce lawyer. A skilled attorney can advise you on how to get a divorce in Virginia and help you with every stage of the process.
Before you begin an online search for “divorce lawyers near me,” reach out to Curran Moher Weis for a consultation with one of our divorce lawyers.
In Virginia, couples seeking a divorce must meet certain requirements before the courts will grant their request.
First, to file for divorce in Virginia, one of the spouses must have lived in the state for at least six months prior to filing. This is known as the residency requirement, and it must be satisfied before the courts will have jurisdiction over the case.
Second, one spouse must file for divorce and cite grounds or demonstrate they meet the no-fault separation requirements, as we discuss below.
Next, if the couple has minor children, they must attend a parenting education class before the divorce is granted. This is designed to help parents understand the emotional impact of divorce on children and to learn strategies for co-parenting.
Finally, the spouses must resolve all relevant issues in their divorce case relating to property, finances, and children.
Overall, the requirements for divorce in Virginia are designed to ensure that both spouses are treated fairly and that the best interests of any children involved are taken into account.
In Virginia, couples seeking a divorce can do so on the grounds of separation or fault. Virginia is a no-fault divorce state, meaning that neither spouse has to prove fault to obtain a divorce. Instead, a couple seeking a no-fault divorce in Virginia must show that they have lived separately for at least one year or six months if they have a separation agreement and no minor children.
However, Virginia does recognize fault grounds for divorce, which include adultery, cruelty, desertion, and felony conviction. If one spouse can prove that the other committed one of these acts, they may be granted a divorce on fault grounds, which can impact the division of property and alimony.
You should always discuss what grounds are most beneficial to your case with a divorce attorney near you.
As mentioned, in Virginia, a couple seeking a no-fault divorce must show that they have lived separately for at least one year or six months if they have a separation agreement and no minor children. It’s important to note that the separation requirement is only applicable to no-fault divorces and does not apply to fault-based divorces.
This means that they must live in separate residences and not engage in sexual relations during the separation period. If the couple decides to reconcile during the separation period and resume living together, the separation period will need to start over if they later decide to file for divorce.
The following is a brief overview of each issue that spouses might have to resolve before they can end their marriage. Your divorce attorney can identify the applicable issues in your case.
In Virginia, marital property is divided equitably in a divorce. This means that the court will divide property and debts in a manner that is fair and just, but not necessarily equal. The court will consider a variety of factors when making a decision on how to divide property, such as the length of the marriage, each spouse’s contributions to the marriage, and each spouse’s financial needs. It’s important to note that separate property, which includes property acquired before the marriage or through inheritance or gift, is not subject to division.
Child custody is determined based on the best interests of the child. The court will consider a variety of factors when making a decision on custody, such as the child’s age, physical and mental health, and the parent’s ability to care for the child. Virginia recognizes two types of custody: physical custody, which refers to where the child primarily lives, and legal custody, which refers to the right to make decisions about the child’s upbringing. Custody arrangements can be modified in the future if there is a significant change in circumstances.
In Virginia, both parents are responsible for financially supporting their children, and child support is calculated based on the state’s child support guidelines. The amount of child support is determined based on the parents’ incomes, the number of children, and other relevant factors. Child support can be modified if there is a significant change in circumstances, such as a change in income or custody arrangement. Failure to pay child support can result in legal consequences, such as wage garnishment or even incarceration.
Spousal support, also known as alimony, may be awarded to one spouse in a divorce. The court will consider a variety of factors when making a decision on spousal support, such as the length of the marriage, each spouse’s financial needs and resources, and each spouse’s contributions to the marriage. Spousal support can be awarded for a temporary or permanent period of time and can be modified if there is a significant change in circumstances.
The divorce process in Virginia generally goes one of two ways: you reach an out-of-court settlement or head to litigation. Our attorneys are skilled negotiators who regularly obtain favorable settlements for our clients without the need for court intervention. However, if you and your spouse cannot reach an agreement on every issue, we have extensive litigation experience and can stand up for your rights in court.
If you are contemplating divorce in Virginia, look no further than the legal team of Curran Moher Weis. We represent spouses in many different circumstances, and we can advise on what you might expect from the divorce process. Contact us today for more information about how we can help.
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