Virginia Divorce Lawyer
A divorce can be emotionally overwhelming and may produce significant tension between spouses. The process of dissolving a marriage has several steps that require both spouse’s agreement, and the courts will not finalize the divorce until the requirements are fulfilled.
A skilled Virginia divorce lawyer has experience with both simple and high-conflict splits, and their advice could be crucial to the success of your case. If you are struggling with your divorce, reach out to a qualified legal professional for help.
Traditional Grounds for Divorce
Virginia offers two types of divorces, no-fault and at-fault. Experienced divorce lawyers in the area are familiar with both kinds of dissolutions.
Couples with minor children or dependents may seek a no-fault divorce once they have lived separately and apart without co-habitation continuously for at least one year. With a no-fault dissolution, both parties will go their separate ways following agreements on a variety of issues, such as the division of their assets and debts.
Filing for an at-fault divorce is essentially like instituting a lawsuit. In Virginia, an estranged spouse who wants to be “freed from the bond of marriage” must file a cause of action with the court. They will then need to prove their grounds for requesting the divorce.
A distanced partner may give several reasons for wanting to dissolve their union, such as:
- Adultery
- Felony conviction resulting in jail time for more than one year
- Cruelty, including battery or assault
- Abandonment
- Uninterrupted separation for six months to one year (depending on if there are children or dependents)
The length of time required for uninterrupted separation with no intent to reconcile may depend on whether there are children or dependents involved or if there is a separation agreement. A Virginia divorce attorney could answer key questions regarding separation agreements and other grounds for dissolution.
Divorce Laws in Virginia
According to Commonwealth law, in order to access the Virginia court system to initiate a divorce, one member of the married couple needs to have been a resident of the state for at least six months.
The first step in the divorce process is filing a petition for dissolution with the court. With a contentious split, one partner may file the paperwork and state the reasons for requesting the divorce.
Often, the judge may need to rule on collateral issues related to the divorce, such as spousal support/alimony, child custody, and child support. The estranged couple may also battle over the division of property. A seasoned divorce attorney in Virginia may be a skilled advocate during these conflicts.
Final Judgments in Virginia Divorces
When the court decides to finalize the dissolution of a marriage, it will issue a decree of divorce. This order is a final judgment that frees the partners from the marital bond.
Once the divorce decree has been granted, the members of the distanced couple are free to marry other people. If either party changed their name at the time of marriage, they may revert it to their maiden name or any former moniker.
A Virginia Divorce Attorney Could Be Your Advocate
Undergoing a divorce can be both upsetting and stressful, and it can take months, or even years, to reach a final outcome. It may prove helpful to retain skilled counsel early on in your case, as an attorney could work to expedite the process.
A Virginia divorce lawyer could offer valuable advice regarding your marital split. Call today to schedule a consultation.
