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Getting divorce in Virginia

Getting a divorce Virginia is a complex and painful without the expert’s guidance. It is important to understand all the issues regarding taking divorce in Virginia.

  • According to the Virginia divorce laws and divorce guidelines, one of the spouses must have been a resident of Virginia for at least 6 months before filing the case.
  • The case may be filed in; The county in which the couple last lived together, or at the defendant’s place who is a resident of Virginia, If the defendant is not staying in Virginia, the county or city where the applicant is staying.
  • Virginia recommend following grounds for a no-Fault divorce: living separate for 1 year living separate for 6 months if there are no minor child and the spouses have the separation agreement.
  • Grounds for a Fault based divorce is: adultery, abandonment, conviction of a felony and imprisonment for 1 year, cruelty, willful desertion.
  • Apart from of the reason of the breakdown of the marriage in Virginia, the Divorce service will complete the divorces process on an ‘Agreed’ basis or a ‘Default’ basis.
  • In ‘agreed divorce’ basis of divorce, the spouses agree on the terms of the divorce such as property distribution, child support, or child custody.
  • In ‘default divorce’, other spouse doesn’t sign the Virginia divorce forms he/she doesn’t do anything at all with the divorce. Husband and wife simply default on the case and the spouse who files for divorce gets whatever was asked for divorce paper.
  • There are three basic procedure to get divorce :
  • File Virginia Divorce Forms
  • Notify Spouse of your filing for divorce.
  • Attend your Virginia divorce court hearing.
  • According to Virginia divorce guidelines and divorce laws, child custody is shared by both the parents and financial condition of a parent is not considered for giving any parental rights and responsibilities. Shared custody or Sole custody may be awarded according to welfare of the child.
  • If your spouse is missing, you may still get a divorce in Virginia. It may involve the extra expense.
  • The Wife may get her previous (before marriage) name back in the divorce if she wishes. Divorce in Virginia often includes a name change.
  • To file for divorce in Virginia, fees must usually be paid when you file the Virginia divorce forms at your county courthouse.
  • You can decide whether to get a lawyer or represent yourself. It is not compulsory to appoint a divorce lawyer in the state of Virginia. However, if you’re looking for alimony, child support or you require advice on how to divide marital property, talk to experienced divorce lawyer.
  • After filing a divorce petition and wait for your court date. Once you’ve fulfilled the separation obligation, within a few weeks, you’ll receive a court date. If there is no appeal, your divorce will be final in thirty days after the judge signs the final divorce decree.

All these points briefly explain the important issues regarding divorce in Virginia.

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