Divorce Laws in Virginia

Everything You Need to Know About Divorce in Virginia

Divorce is never easy, but understanding the ins and outs of the process in Virginia can make it a bit less overwhelming. Let’s dive into the details.

Divorce Rates in Virginia

Did you know that Virginia’s divorce rate is 3.9% per 1,000 of the total existing population? While not exactly moderate, it’s right around the median point. And, at less than $100 (usually around $85, but varies from county to county), the fee cost for filing a divorce in Virginia is one of the lowest in the United States. This excludes any professional services you may require.

Grounds for Divorce in Virginia

Divorce grounds in Virginia are categorized into:

• Grounds for No-Fault Divorce in VA
• Grounds for Fault Divorce in VA

No-Fault Divorce Grounds in Virginia

Did you know that there are specific no-fault divorce grounds in Virginia? If you and your spouse have been living separately for a period of one year or more without any cohabitation, you can file for divorce. If you have no children, you only require a period of six months separation to claim divorce under this divorce law in Virginia. It’s important to note that all these grounds must be supported in front of the judge and a proof must be provided.

Fault Divorce Grounds in Virginia

But what about fault divorce grounds? Well, adultery or sodomy are valid grounds for divorce in Virginia, as long as the petitioner can prove that the other spouse had sexual intercourse with a third party. Imprisonment is also a valid ground if your spouse has been awarded a prison sentence for one year and you do not want to live with him or her. If either a husband or wife is responsible for cruelty and when this cruelty becomes intolerable, in this situation divorce becomes legal under this divorce ground in Virginia. Wilful desertion or abandonment is also a valid ground in Virginia.

Annulment vs. Divorce

Annulment is rare and is only granted in certain circumstances. Mostly people, who do not want to divorce because of religious reasons, opt for annulment. However, divorce is preferred over annulment in Virginia.

Professional Help with Divorce

While divorce is never easy, a divorce attorney or lawyer can help you navigate the intricacies of the process. If you need more detailed information regarding divorce grounds in Virginia, don’t hesitate to contact a professional.

Now that you have a better understanding of divorce in Virginia, you can make informed decisions about your own situation. Remember, divorce is never easy, but understanding the process can make it a bit more manageable.

Divorce in Virginia: 

Are you considering filing for divorce in Virginia but unsure of the legal requirements and process? Don’t worry, we’ve got you covered. Here’s everything you need to know:

• • Residency: In Virginia, you can file for divorce in the Circuit Court of the county where your spouse lives or has lived for at least six months.
  • Documents Required: To start and finalize a divorce in Virginia, you’ll need a Complaint for Divorce and a Decree of Divorce. Additionally, there may be up to 20 other documents required throughout the filing process.
  • Distribution of Property: Virginia follows the “equitable distribution” rule, which means that marital property is divided in a fair manner by the divorce court.
• Change of Name: After the divorce judgment, both husband and wife are allowed to restore their names to their pre-marriage surnames or any other name they choose.
• Mediation Counseling: If the defendant denies the charges of irreconcilable differences, the Virginia divorce court may suggest mediation counseling to give the couple time to rethink and make a final decision.
• Alimony: Whether or not alimony is awarded depends on the specifics of the case, and is not a given in every divorce. The divorce court determines whether one spouse must support the other financially on a temporary or permanent basis.
• Child Custody: Virginia divorce courts prioritize the well-being of the children involved, and aim to minimize emotional trauma. If the parents cannot agree on custody, the court will establish an order based on what’s best for the children.
• Child Support: Virginia uses the Income Shares Model to calculate child support, which takes into account both parents’ incomes and the number of children they have.

It’s important to note that divorce laws vary by state, so if you’re unsure of your state’s laws, it’s best to consult with a professional divorce attorney or divorce lawyer for comprehensive information specific to your case.

Remember, your case will be heard in your local Virginia Circuit Court. While divorce can be a difficult and emotional process, understanding the legal requirements and process can help make it a smoother transition for everyone involved.

Virginia Annulment Laws: 

If you’ve found yourself in a marriage that simply isn’t working out, you might be considering divorce as your only option. But did you know that there’s another way to legally dissolve a marriage? It’s called an annulment, and it’s a legal process that can undo a void marriage as if it never happened. If you’re in Virginia, here’s what you need to know about the state’s annulment laws.

Grounds for Annulment in Virginia

Under Virginia annulment laws, there are several grounds on which you can legally get an annulment:

• Same-Sex Marriage: If you’re in a same-sex marriage, it’s important to know that Virginia doesn’t recognize such unions. Fortunately, you can get an annulment if you’re in this situation.
• Bigamy: If you’re already married to someone else, you can’t legally get married to another person. If you did, your marriage can be annulled.
• Consanguinity: This fancy term refers to marrying someone who’s closely related to you, like a sibling or parent. If you’re in this situation, Virginia annulment laws allow you to get an annulment.
• Underage Marriage: If you’re not old enough to legally get married in Virginia, your marriage can be annulled.
• Impotency: If your spouse is unable to consummate the marriage, you can get an annulment.
• Fraud and Duress: If your spouse tricked or forced you into getting married, you can get an annulment.
• Prostitute by Profession: If you didn’t know your spouse was a sex worker when you got married, you can annul the marriage.

Now that you know the grounds for annulment, you might be wondering how exactly you go about getting one. The process can be complicated, so it’s important to talk to a lawyer who can guide you through the process.

While annulment might not be the right choice for every couple, it’s important to know that it’s an option. By understanding Virginia’s annulment laws, you can make an informed decision about how to move forward with your life.

Virginia Divorce Laws: FAQs

Going through a divorce can be a difficult and emotional process. If you’re considering getting a divorce in Virginia, it’s important to know the laws and regulations. Here are some frequently asked questions and answers to help guide you through the process.

• • What are the residency requirements for a divorce in VA?

You or your spouse must have lived in Virginia for 6 months or longer.

• • If I am living separate and dating, will that be considered adultery?

Yes, dating with other people while you are still married comes under adultery and your spouse can claim under Virginia divorce grounds even if you are separated. Technically, adultery is a sexual relationship with someone else other than the legal spouse while you are married. It is a fault divorce ground according to Virginia divorce laws.

• • What is desertion?

Desertion means leaving a spouse with an intention of permanent separation. The difference between separation and desertion is that desertion takes place on the wish of one spouse while separation is the joint decision to live separately. Desertion is a legal divorce ground in Virginia divorce laws.

• • What are the conditions of separation in VA?

According to Virginia divorce laws, divorce claimed upon desertion or cruelty requires one year of separation. While in case of a no-fault divorce, one year or six months of separation is required for filing a Virginia divorce. Adultery is the only ground on the basis of which Virginia divorce is granted immediately.

• • What is equitable distribution?

Under the Virginia divorce laws, marital property is divided fairly among spouses. The method which the Virginia court follows for property distribution is knowns as equitable distribution.

• • Who will get child custody in Virginia?

According to Virginia divorce laws, the decision of custody is the legal right of the child. The child is granted the authority to choose with whom s/he wants to live. The Virginia divorce court gives sole or joint custody to the parents. In sole custody, one parent will be given the child custody while the other one has only granted the right to visit the child. Joint custody is one in which both parents are responsible to make decisions regarding religion, medical, and educational needs etc.

• • Does child custody depend upon the parent’s income?

No. The judge considers all the circumstances regarding attitude, financial issues, medical facilities etc., and then declare the child custody.

• • What is alimony and how it can be determined?

Alimony, maintenance or spousal support is the amount paid by one spouse to another to cover up the financial requirements. Spousal support may either be permanent or temporary. The court considers the gross income, living standards and other necessities to declare the percentage of alimony.

• • Can my spouse and I hire the same divorce lawyer?

Virginia divorce laws say that both spouses cannot hire the same divorce lawyer. Even in case of uncontested divorces both plaintiff and defendant must hire two different divorce lawyers.

• • I don’t have enough resources, can I represent myself in court?

Representing yourself in court is your legal right. But it is advised not to do so if you are not familiar with court proceedings. If you don’t know the paperwork and your legal rights, then you should hire a Virginia divorce lawyer.

• • What is the difference between marital and non-marital property?

According to Virginia divorce laws, marital property is one which is acquired during marriage by you and your’s spouse. While non-marital property is one which is owned by either you or by your spouse.

By understanding Virginia divorce laws, you can make informed decisions and ensure that the process is as smooth as possible. Remember, a divorce may be the end of a marriage, but it can also be the beginning of a new chapter in your life.