Divorce Guide

Divorce Guide

Virginia Divorce Rights

A divorce petition in the state of Virginia will be accepted by the circuit court of commonwealth if the petitioner is a bona fide resident of the state. In order to exercise Virginia divorce rights, the petitioner has to be a resident of the commonwealth for a period of six months immediately preceding the filing of the case.

Section 20 of the code of Virginia enumerates some of the legal grounds on the basis of which a spouse can file a divorce petition in the circuit court of Virginia. Some of the important legal grounds are: adultery, conviction of felony, guilty of extreme cruelty and willful desertion of the partner.

Virginia divorce property distribution

Division of property and estate is an important issue discussed by the court in majority of divorce cases. Virginia divorce rights recognize Virginia as an equitable distribution state. The principle of equitable distribution means that the property acquired by the couple during the marriage period will be divided equitably between the two parties. The equitable distribution does not mean an equal distribution of property but it refers to a fair and just distribution of property between spouses. Monetary contributions of spouses, length of the marriage, age and mental and physical health of spouses, tax consequences, and use of marital property by each of the spouses are some of the factors which are considered very minutely by the court before reaching to any conclusion.

Virginia divorce rights consider some of the property which was acquired by the spouse before marriage as his/her separate property and the court does not consider that property while dividing the combined property of the spouses. Inherited property is one such type of property which is not taken into account by the court.

There are some legal separation provisions in Virginia divorce rights which could be utilized by a petitioner so as to seek annulment of the marital relationship. Before concluding the dissolution of marriage, the court in some cases can ask the two parties to participate in a mediation and counseling program so as to educate the two parties about the ill effects of the divorce. The counseling and mediation program primarily tries to pacify the two parties and tries to reconciliate the issues between the two parties. Cases where a minor child is involved, Virginia divorce rights make sure that the expected mental, emotional and physical trauma of the child should be minimized.

Virginia child custody

Distribution of property between two parties proves to be a major factor while deciding on the issue of the custody of child. No party can gain the custody of the child, if the court is not satisfied with the prospective welfare of the educational and emotional growth of the child. The award of alimony is also decided as per the custody of the child. Alimony award could also be granted by the court in cases where the court finds that the financial condition of the spouse is not very sound.

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