DIVORCE ATTORNEY VIRGINIA

Let us defend your legal divorce rights in Virginia court. As a divorce attorney Virginia, I have defended clients in their divorce proceedings in Virginia and fought for their legal rights.

read below important information about Virginia divorce:

What Are The Important Facts About Divorce in Virginia

In Virginia, a person can file for divorce either because they and their spouse have lived separately and apart for at least twelve months or because one of the parties has acted in such a way to make the marriage impossible to continue.

The latter cases are known as fault-based divorces.

There are three different types of actions that can lead to fault-based divorce in Virginia.

The first fault to discuss is cruelty, which can take the form of physical and mental abuse.

The second fault is adultery, where one spouse or both engage in a sexual relationship with another person.

The third divorce fault is desertion, where one spouse decides to abandon the marriage. The abandonment takes place against the will of the other spouse.

Our divorce attorney has extensive experience taking divorce cases all the way through to trial.

They also have a history of reaching favorable settlement agreements with the other party.

Whatever solution your situation requires, our attorneys can help you through your divorce.

If you have been served with divorce papers or are planning to start the process yourself, please contact our divorce attorney Virginia to assist you.

Divorce laws in Virginia are complicated and an experienced attorney can build a plan of action around the facts of your specific case.

Fault-based divorces in Virginia, tend to take longer to complete due to the likelihood of litigation. A divorce, based on separation is generally much faster.

Virginia Divorce Law Requirements

Requirements For How To File For Divorce In Virginia

First of all, before you file, you or your spouse have to have been a resident of Virginia for at least six months.

This can sometimes be frustrating for out-of-state couples who have only recently moved to Virginia.

In a divorce based on separation, you will have to be separated for at least twelve months in order to file for divorce.

However, if you and your spouse have no children, you may divorce after six months of separation if you have signed a Property Settlement Agreement.

Why Filing First Has its Advantages:

When you file for divorce before your spouse does, you often have got the advantage of setting the pace for settlement or litigation.

You also get the advantage of presenting your case first if a trial is necessary.

We will help you through the process, including essential steps like collecting information and evidence, drafting your Bill of Complaints, gathering evidence for trial, and preventing any martial waste.

How to Establish a Date of Separation?

Establishing the separation date for your Virginia Divorce is an essential part of your divorce step in litigation.

The duration of separation is affected by whether or not you have children and whether or a property settlement agreement exists.

If you have minor children you must be separated at least twelve months before filing for divorce on the grounds of separation.

What Are The Separation Requirements In A No-Fault Divorce?

In a no-fault divorce, if the divorcing couple has children then they must be separated for a period of one year, from the moment either party decides the marriage is over.

On the other hand, if the couple has no children then they may file for divorce after only a six-month separation, so long as a valid property settlement agreement exists.

What Are The Separation Requirements In A Fault Divorce In Virginia?

Fault-based divorce can be filed without a waiting period.

Although it is faster to file a complaint about divorce in court, it does not mean the divorce will go faster.

A judge will not sign the final divorce decree prior to a year of separation if there are children.

Can Couples Separate For the Purpose of a Virginia Divorce and Still Live In The Same Marital Residence?

Once a person decides to separate from their spouse they must cease acting as a married person.

Couples should no longer attend social events or take vacations together. Separated persons ought to take this time to begin separating their finances as well.

Opening separate bank accounts, closing joint credit cards, and filing taxes separately are all steps that a person should take once separated.

Not only does this simplify the divorce process, but it also establishes a documentary record in the event that the spouse contests the separation. Make sure to keep track of all financial actions taken during your separation.

This can help prove what portions of the joint debt you are responsible for compared to your spouse.

Why You Need to Consult With a Divorce Attorney Virginia Before Moving Out of The Marital Residence

Moving out of your marital residence can have consequences on your divorce.

You can be accused of abandonment of your marriage, which might have consequences in relation to your equitable distribution and your spousal support.

What You Should Know About Divorce Equitable Distribution

Virginia is an equitable distribution jurisdiction. This means that the court will determine how the marital property gets distributed and which assets are the sole and separate properties of one of the parties. Virginia Code § 20-107.3 states that the court in Virginia must take all property and decide whether it is considered marital, separate, or part marital and part separate property.

The court looks at a number of factors, including the monetary and non-monetary contributions of each party towards the health of the family and the maintenance of the marital property in question.

After the court reviews these factors, the court awards each party its share of the marital property.

Any properties obtained before marriage, after separation, inherited, or received as a gift from someone other than your spouse are labeled as separate property.

Other properties labeled as separate properties include capital gains, income from separate property, and property purchased during the marriage using money from money obtained from the sale of another separate property.

However, property acquired with marital funds, even after separation, is marital. Even property purchased using money from a job you held during your marriage will be marital property.

An example of hybrid property would be purchasing something before marriage but modifying it during the marriage. That hypothetical purchase would then be considered hybrid.

How Does Virginia Determine Spousal Support?

According to Code of Virginia law section 20-107.1, the court will evaluate factors that will determine the type, length, and amount of the spousal support.

The court will look at the length of the marriage, the standard of living experienced by your spouse during marriage, and your spouse’s ability to provide for themselves once they no longer can rely on your income.

The court will evaluate the non-monetary contributions to the marriage when setting a spousal support award.

Finally, if the court determines that one party is at faults, such as through adultery or cruelty, that may impact the award.

You may be familiar with Virginia’s Child Support Guidelines.  When determining child support, the court uses a state-wide formula to determine the exact amount of support.

However, with spousal support, there is no formula that determines the award. The court has broad discretion to use the factors described above to set the award.

Can Spousal Support In Virginia Be Granted By the Divorce Court Prior To The Issuance of The Divorce Decree?

On a temporary basis, and prior to receiving the divorce decree, “the Virginia courts”, can grant spousal support through a pendente lite hearing.

Pendente lite awards are only temporary and end the moment the final decree of divorce is signed.

Our divorce attorney Virginia is experienced in representing clients at pendente lite hearings. Contact us today at 703-786-4847 for a phone consultation.