FAQs Associated with Divorce Laws in Virginia

Does Virginia divorce law have residency requirements?

Yes, one spouse MUST be the resident of Virginia for a minimum of 6 months before either can file a divorce here. Military personnel fulfill residency requirements when they are based or positioned in Virginia for 6 months like living on federally controlled military, naval or airbase within Virginia or residing on a ship anchored at Virginia port.

In the mutual divorce agreement, is there a need to hire a lawyer?

When both spouses are on the same page regarding everything, there is no need for a divorce. Choose a proceeding called ‘Pro se’. Remember, when you represent yourself the judge will expect you to adhere to the same rules as an attorney.

Some cases are complicated, which involves complex financial analysis or emotional custody disagreement. In simple cases, there is a settlement agreement and other legal paperwork to be drawn. It is wise to get this completed by experienced Newport News divorce attorneys firm.

Getting legal advice is good because divorce decisions will have a crucial long-term consequence, which is not obvious at the moment. The same lawyers cannot be used by both, even if you are on the same page.

Is there no-fault divorce in Virginia?

Yes. For a no-fault divorce, both need to live separately for a minimum of six months, if there are no minor children involved but if there are kids below 18 then you need to be separated for 6 months. However, there has to be a valid separation agreement.

What are the grounds for ‘Fault’ divorce in Virginia?

Fault grounds are –

• Adultery
• Felony
• Abandonment
• Fear for violence

You need specific proof for every fault ground. It is a complicated divorce proceeding. Proof of fault can impact a split of marital property or alimony. If you are certain to benefit from choosing Fault divorce proceedings then take advice from an expert divorce lawyer in Hampton, Virginia.

Besides the residency requirement, are there extra waiting periods?

After your no-fault divorce separation requirements are fulfilled there are no waiting periods. If you file fault ground divorce proceedings then there is a need to live separately for one year after cruelty or desertion to finalize the divorce decree. On adultery or sexual acts outside marriage, there is no waiting period.

How to file for divorce?

The spouse that seeks divorce [Plaintiff] files a ‘compliant’ [divorce form] in Virginia Circuit Court’ and pays filing fees. The summons needs to be delivered properly to the other spouse [defendant]. For more information, you can contact the Denbigh Law firm.