Loudoun Divorce Lawyer

Going through a divorce process is one of the hardest things one can do. As a Loudoun divorce lawyer, I can help you understand the divorce proceeding and defend your legal rights.

read below how to file for divorce in virginia

What Are The Requirements to File For Divorce in Loudoun?

It is required that to bring a lawsuit for divorce, you or your spouse must have lived in Virginia for at least six months before filing for divorce. Your primary domicile residence should be Virginia.

This is basically where you have your driver’s license, voter registration, and any motor vehicle under your name. 

However, in the circumstance where your spouse is not a resident of Virginia, you may file in the county where you reside.

Furthermore, it is required that you must be at least 18 years old to file and must prove the necessary grounds for divorce to the court.

What is the Procedure for Filing for Divorce in Loudoun?

Divorce proceedings typically take place in the Circuit court of the county you or your spouse resides in or where you last lived together. The process of divorce proceedings begins with filing a Complaint about divorce in court.

In some cases, especially for an uncontested divorce, a property settlement agreement is necessary. 

This document lays out the division of assets and any other issues such as spousal support, child support, or child custody for the court to decide upon considering the surrounding circumstances of the case.

Once these documents have been filed in court, a copy is required to be served to your spouse promptly.

What Are The Grounds for Filing for Divorce?

The grounds for divorce often justify severing the marital relationship. There are two types of Divorce: Contested and Uncontested Divorce. A contested divorce (fault grounds) is where there are issues that the parties cannot settle on.

In contrast, for an uncontested divorce (no-fault grounds), the only requirement is that the parties must have been living separately and apart without any cohabitation for more than one year. 

The divorce law in Loudoun allows for both fault and no-fault grounds to be used in divorce cases.

The no-fault grounds on the spouses who have lived separately for more than a year with no interruption and to permanently separate. On the other hand, the fault grounds include:

Adultery

When a married individual has sexual relations with another person outside the marriage, this ground may be used as a ground for divorce.

The courts require the complainant to provide strict proof of sexual relations to be granted a divorce on this ground.

Conviction of a Felony

Where a spouse is convicted of a felony and sentenced to prison for more than a year, then you may file for divorce under this ground so long as you do not continue living with the spouse when you find out about the conviction.

Cruelty

When a spouse carries out abusive acts toward the other leaving them to fear for their health and safety, then such a ground may be used as a ground for divorce.

The court requires strict proof that there had been repeated infliction of serious physical and emotional harm.

Desertion

When one spouse leaves the marital home, without consent or any legal justification and with the intent of deserting the marriage, the other spouse may file on this ground.

However, if there is a mutual agreement on living separately, there is no desertion.

Issue of Child Support

In most contested divorce cases, the issues of child support almost always arise if the couple has children.

The determination process regarding child support can be quite a complex process that accounts for not only each of the parent’s income but also the support either of the parents may be giving to their other children from previous marriages, health care, and daycare costs.

Issue of Spousal Support

This issue often arises when the parties have been married for a long period. For the court to determine the proper amount of spousal support due to the other spouse, the court usually takes several factors into account such as:

• Their age and physical condition,
• Their emotional state, 
• Financial conditions, 
• The length of their marriage,
• The couple’s standard of living during the marriage, etc.

Why Should you Hire an Experienced Loudoun Divorce Lawyer?

To avoid being overwhelmed with how the process works and to ensure you end up with what you deserve, it is encouraged to hire an experienced Loudoun Divorce Lawyer.

With the appropriate counsel and guidance, the attorneys can help reduce the stress of the divorce especially if you are leaving a long-term marriage and have children. 

The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing efficient legal representation.

American lawyers group will help you with the best Loudoun divorce lawyer. Contact us today to ensure your divorce matter is handled appropriately.