Alexandria Divorce Lawyer
The decision to divorce is never an easy one. As an Alexandria divorce lawyer, I can fight for your legal rights, give me a call to discuss your case.
read below legal requirements to get a divorce in virginia
Requirements for Filing Divorce
To file for divorce legally, you must be a legal resident of Virginia for at least six months before taking such legal action.
You must file for divorce in the county or city that you and your spouse reside in or where the defendant lives.
A spouse may fulfill the requirements for the filing of divorce if they have been separated for at least six months, only in the event there are no minor children from the marriage.
However, where children are involved, both spouses must live separately for at least a year before filing.
The process starts by filing a Complaint about divorce.
The necessary paperwork must get filed with the court, and you must serve the other spouse with copies of such documents.
At the trial, after reviewing all the facts and documents presented to the judge, he may order a final decree.
Virginia Divorce Law Requirements
| Divorce Requirement | Divorce Classification |
|---|---|
| Virginia Divorce Law Code Section | Virginia Law Section 20-91 |
| Virginia Residency Requirements For Divorce | Defender or plaintiff must be resident and domiciled six months before filing for divorce. Virginia Law Section 20-97 |
| Waiting Period Before Filing For Divorce | Decree immediate on the determination of issues. Remarriage prohibited during the appeal. |
| ‘No Fault’ Grounds for Divorce | Must be Separated for 1 year. |
| Other Grounds for Divorce | Adultery, Criminal Conviction of Felonies, Abuse or Cruelty or One Year Separation |
What are the Grounds for Divorce in Alexandria?
The divorce law in Alexandria allows for both fault and no-fault grounds.
The no-fault ground is applicable for spouses who have lived separately for more than a year without any interruption and intending to remain separate from each other.
Whereas, the fault grounds listed in the Code of Virginia §20-91 provide that you may be able to file for divorce on the following grounds:
Adultery
This occurs when a married person has voluntary sexual relations with people outside the marriage.
The burden of proof is on the complainant to prove adultery.
Mere accusations will not be sufficient to obtain a divorce on this ground.
Conviction of felony
A felony conviction of a spouse can be emotionally disturbing and damaging to a marriage, especially if the convicted spouse is to serve a lengthy prison sentence.
In such a case, you may file for divorce so long as you do not continue to live with them after finding out about their confinement.
Cruelty
To qualify for this ground, the complainant must show there were specific acts carried out that pushed them to file for divorce.
These acts include repeated infliction of physical and mental suffering and made them feel unsafe in their marital home.
The complainant must prove such acts were so cruel to make it intolerable to stay.
Desertion
There are two types of desertion: actual and constructive.
Constructive desertion occurs when one spouse is treated so poorly by the other, resulting in them abandoning the marital home.
The question posed at the court is whether such conduct was so intolerable that justifies the complainant leaving.
Actual desertion, on the other hand, is where one spouse makes a voluntary decision to leave the marital home without any justifiable cause.
The complainant will need to prove the cohabitation has ended, there is no hope for reconciliation, and the desertion continued for 12 months, uninterrupted.
The Issue of Child Support and Child Custody
Determining child support can be quite a complicated process.
The court will look at not only the parent’s income but also look at any other child support orders either of the parents may have from previous marriages or relationships.
About the custody of the child, the court will look at factors such as each parent’s living situation, their relationship with kids before the divorce, the child’s preference, and the stability each parent has to determine what’s best for the children.
The Issue of Spousal Support
This issue is usually settled by the court by taking into account how long the couple was married, their age, physical condition, emotional state, and the financial condition of the spouse.
Whenever there is an issue of spousal support, each spouse will be required by the court to provide full disclosure of their financial state to the other spouse to determine the maintenance amount to be paid to the other spouse.
Why Should you Hire an Alexandria Divorce Lawyer?
Regardless of what your circumstances are, divorce is hard.
It is a painful and wrenching experience that may leave you with scars lasting for years to follow.
To avoid stress and being overwhelmed with the legalities of filing for divorce, it is encouraged to contact an experienced Alexandria Divorce Lawyer.
The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing efficient legal representation.
Contact us today to ensure your divorce matter is handled appropriately.