The divorce process in Virginia can be complicated, but understanding Virginia divorce law  requirements  and key procedures helps simplify it. In this state, divorce can be filed under two main forms: “no-fault” divorce and “fault” divorce. The difference between these affects the length of the process and the evidence required.

Requirements for No-Fault Divorce

Virginia allows for no-fault divorce when the couple has lived apart for a specified period without reconciliation. For couples without minor children, the separation period is  six  months, as long as there is a written separation agreement. If they have minor children, the period is extended to one year.

Divorce for Fault

In Virginia, a fault-based divorce can be filed if  one of  the spouses has committed adultery, physical cruelty, abandonment, or a criminal conviction for a felony. Each of these grounds requires concrete proof and can affect the division of property and child custody.

Legal Procedures

  1. Residency: At least one spouse must have resided in Virginia for six months prior to filing for divorce.
  2. Filing the Petition: The spouse seeking  a family attorney in Virginia  must file a petition in the family court in the county where he or she resides.
  3. Notification to Spouse: The other spouse must be officially notified of the divorce filing.
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  4. Final Hearing: In uncontested divorce cases, an extensive hearing may not be required, while in contested divorces, the process may be longer with more court intervention.

Custody and Support

The court evaluates the best interests of the children when determining custody. Spousal support and property division are also based on several factors, including the length of the marriage and the financial situation of each spouse.

In conclusion, understanding the differences between types of divorce and Virginia’s specific requirements can prepare couples for a more informed and less stressful process.