DIVORCE LAWYER IN VIRGINIA
Divorce is never easy. As a divorce lawyer in Virginia, I have helped lots of clients with their divorce proceedings. Give me a call to discuss, how I can fight for your legal rights.
read below the grounds for a contested divorce lawyer in Virginia
The decision to end any relationship can be traumatic, especially when you end a decades-long marriage.
It’s one of the most difficult decisions of your life and can be extremely emotional especially when children are involved.
Things get even messier when the issue of the divorce is mainly the adultery of the other spouse.
In such an event, it is encouraged that you consult with an experienced Divorce Lawyer In Virginia who can make the process easier for you and your children.
The Law on Divorce in Virginia – Divorce Includes Spousal Support, Equity Distribution and Child Custody and Support
Divorce laws can often be very complex.
An individual must meet certain requirements for them to be eligible to file for divorce.
The plaintiff must be a legal resident of the state for at least six months before taking any legal action.
Divorce can be filed in the city or county where both parties live or where the defendant currently resides.
Furthermore, with regards to the requirement of separation, both spouses must have been separated for at least six months.
This means having no physical relations with one another and having different sleeping arrangements, etc. In Virginia, there are several “grounds” a person can use to file for divorce that is recognized by the courts.
These include adultery, felony conviction, cruelty, and/or separation for over a year.
Whether looking for Spousal Support attorney, Fairfax County divorce attorney or Manassas Virginia Divorce lawyer, our divorce attorneys have represented clients in multiple Virginia courts.
Virginia Adultery Laws. Explained by Our Fairfax Divorce Lawyer.
According to the Virginia Code §20-91, “adultery” is a fault-based ground in Virginia.
It’s defined under §18.2-365 as, “any person, being married, who voluntarily shall have sexual intercourse with any person, not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.”
Unlike the other divorce grounds, there is no waiting period before you file for the ground of adultery.
How to Prove Adultery in Virginia?
To qualify under this ground you must provide “clear and convincing” evidence that the other spouse has voluntarily engaged in sexual intercourse with a person outside the marriage.
Virginia law also requires “corroboration” of adultery.
This simply means any evidence or testimony from an outside source confirming that your partner committed adultery.
In summary, proving adultery means proving that the other spouse had voluntary sexual intercourse.
Any mental or emotional affairs will not qualify as a ground for divorce.
Our attorneys have represented clients in many Virginia courts, to include Fairfax County, Prince William County, Loudoun County, Arlington County, Alexandria City and many more. See the full list of Virginia courts we attend below.
What Kind of Evidence Can You Use in Court?
Uncovering evidence that relates to a spouse having an affair or engaging in sexual activity with someone outside the marriage can get messy.
Text messages, emails, and social media posts are becoming more and more common forms of evidence in several increasing divorce cases.
Even though it may seem like an invasion of privacy, evidence taken from a cell phone is mostly permitted in divorce proceedings.
The digital trail provides a detailed record of what the other spouse has been doing during certain moments.
As aforementioned, phone calls, emails, texts between the two parties, or any publicly accessed information, such as social media posts, may be admissible in court so long as it does not offend the rules of evidence.
However, it is always a good idea to consult with an experienced divorce attorney about the legal ways to obtain information that may be beneficial for your case and accepted by the court.
The digital trail provides a detailed record of what the other spouse has been doing during certain moments.
Virginia Divorce Law Requirements
| Requirement | 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 is 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 |
Why Should You Hire an Experienced Divorce Lawyer in Virginia?
Ending a marriage is never easy especially when children are involved.
It can be an emotional rollercoaster, and therefore, it is always advisable to hire an experienced Virginia Divorce Lawyer so your rights and interests are protected.
Moreover, hiring an experienced attorney will ensure you are not overlooking any important issues in your divorce process.
The attorneys here at the American Lawyers Group have years of experience handling thousands of cases and providing efficient and strong representation for their clients.
Contact us today so one of our experienced Divorce Lawyer In Virginia can help to review your case.