Divorce Guide

Getting Virginia Divorce

Getting Virginia divorce is not too complicated if divorcing couples are in agreement on the terms of divorce. Like every other state, Virginia also has its own set of requirements needed to be accomplished by divorcing parties. It is always better to have a review of these requirements before filing a divorce. This will ensure a smooth divorce proceeding.

For legal dissolution of marriage in Virginia, it is not necessary that the marriage has to occur in the state. According to Virginia’s divorce law, a divorce can be filed in the city or county in Virginia where the couple last stayed together or where the defendant is currently residing.

Grounds for Divorce in Virginia

To obtain a divorce, no-fault and fault divorce complaints can be filed in Virginia.

Fault: The fault grounds for divorce in Virginia include adultery or sodomy committed outside the marriage, conviction of felony, willful desertion or abandonment, reasonable apprehension of bodily hurt or cruelty, physical or mental abuse.

No-fault: A no-fault ground for divorce in Virginia requires both the couples to live separate for a continuous period of one year. No sexual involvement should occur during this period. The period reduces to six months if no minor children are involved and the divorcing couples have a written separation agreement.

Getting a Divorce in Virginia

1. Either of the couples must accomplish the residential requirement of the state.
2. If children are not involved in the case, couples must stay separate 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 Virginia divorce, 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.

Important Documents:

According to Virginia’s law, Complaint for divorce and Divorce Decree are the most important documents required to start and finalize a divorce. Around ten to twenty more documents are needed throughout the divorce process. Some of these documents are verification, acceptance of service process, answer to bill of divorce, marital settlement agreement, affidavit of corroborating witness and request for hearing.

Distribution of Property:

Virginia is a state of “equitable distribution”. This means that the marital property is divided fairly between the spouses by the court if divorcing parties do not reach an agreement on such issues. Marital property includes any property acquired by either of the couples before marriage and during the marriage.

Getting Virginia divorce becomes easy if divorcing elements are resolved by couples prior to filing a case. An agreement made on divorcing issues, gears up the divorce process.

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