Divorce Guide

Getting VA Divorce

Every state has its own set of divorce laws. Getting VA (Virginia) divorce involves some legal process to be followed. To ensure a smooth divorce proceeding, it’s best to fulfill these requirements before filing a divorce petition.

In most of the cases, people argue on the family issues like alimony, child custody, child support, property division and debt payment. These issues should be solved on trial basis before going to court. If these issues are solved on trial basis, your case becomes a contested divorce.

Getting VA Divorce

One of the major requirements is that you have to be a resident of Virginia for a minimum of six months. Such requirement is also applicable for military personnel.

If you don’t have a child, it’s possible for you to get a divorce after a six month separation. If both the parties agree to a divorce, file legal separation documents with the legal system of the court. Both the spouses must be living separately at least for a year. If children are involved, the court persuades the parties to visit marriage counseling.

Grounds for divorce in Virginia State include adultery, imprisonment, cruelty and abandonment for a year. Virginia is a no-fault state, but it also takes into consideration grounds on fault basis.

Decide whether to choose a lawyer or represent yourself. Divorce lawyers are not required in most of the cases in Virginia State. However, if you’re requesting alimony, child support or you need advice on how to divide marital property, consult an experienced divorce lawyer. File the petition and wait for the court’s hearing date. Once you’ve fulfilled the requirements of the separation, you can submit your petition. Within a few days, you’ll get the court date.

Process of Getting VA Divorce

1. Either of the parties must fulfill the residential requirement of the state
2. If children are not involved in the case, parties must stay separately for 6 months or more to obtain a divorce in Virginia.
3. If minor children are involved in your divorce, then one year separation is a must. The court encourages spouses to attend counseling during this time.
4. If divorcing parties are not in agreement, the spouse filing for divorce needs to prove the grounds for divorce. The grounds for divorce in Virginia are discussed above.
5. Couples must also decide whether they need a lawyer or not. For getting a divorce in Virginia, it’s not necessary to hire a lawyer. In case your divorce is too complicated, you can always consult an attorney.
6. File a petition for divorce and wait for your divorce dates

Necessary Documents

According to Virginia’s law, for getting VA divorce, Complaint for divorce and final Decree are the important documents required to start and grant a divorce. Around ten to twenty more legal documents are required throughout the process. Some of these documents can be verification, acceptance of service process, answer to bill of divorce, marital settlement agreement, affidavit of corroborating witness and request for hearing.

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