Getting a divorce can be a complicated, expensive, and emotionally tiring process. Even people who divorce on the most amicable terms will find that divorce is a tricky procedure to navigate — which is why having the right lawyer is so vital. What makes divorce even more difficult is that the process often varies from state to state, so knowing exactly what is needed to move your divorce forward in the particular state that you live in can be difficult to know with any certainty.
In this article, we’ll take a look at specific divorce law in Virginia and will examine what factors can affect the pace of your divorce as well as the cost. In doing so, we’ll investigate the common question – do both parties have to sign divorce papers in Virginia for the process to go ahead?
Do both parties need to sign divorce papers in Virginia?
In short, no. Both parties do not need to sign divorce papers in Virginia for the process to continue and be completed. However, it’s what both parties should try to achieve if they want to keep their divorce costs as low as possible. By one party not signing papers, the process becomes far more complicated and elongated and as a result, costs start to increase substantially due to more legal fees and other hidden costs.
What other factors affect divorces in Virginia?
There are other situations that make divorces take longer than an uncontested one in Virginia. A contested divorce is when both parties cannot settle on a separation agreement and one person does not recognize the claims for divorce made by their partner.
A separation agreement will need to contain how the couple want to settle their split with respect to the following factors:
Children
If a couple has children during their marriage, they must be legally separated and living in separate residences for a year before they can seek a legal divorce. Additionally, they must come to an arrangement as to who has custody and when. As a result, this is when many couples find their divorce can descend into some contentious areas. Both parties often want to have full custody of the children. In terms of economic support, both parties must pay some sort of contribution to their children so that they do not suffer from their parents’ break up.
Asset division
Residences and other financial assets also need to be split up equitably under Virginia law. This does not mean that they necessarily have to be split equally. In fact, it’s likely that this will never be the case. Equitably means that each party gets what they are fairly owed. For example, if an individual owned a house before they married, technically that falls under separate ownership.
However, if both parties paid towards the mortgage throughout the marriage, then both parties have some claim on the residence under community ownership. They then have to come to a conclusion as to who either gets to keep the house and how the other will be financially reimbursed for losing their home — or they have to sell the house altogether and divide up the proceeds of the sale in a way that is fair in relation to their own individual circumstances. Those circumstances can be why they are separating, who put the most money in, or who is looking after any children from that point forward.
Blame
VIriginia law does not try to reimburse a wronged individual in a divorce. However, it does take into consideration all the reasons why the partnership is no longer working. In practice, however, some who are seeking a divorce down to less than desirable actions from their partner will often try to gain as much as they can financially from the split. This is often in the case of contested divorces. Contested divorces take an average of a year and a half to to complete, while an uncontested one takes just three months ordinarily.
Signing divorce papers in Virginia – Conclusion
The complexities of any divorce are why it’s so crucial to seek proper legal advice when ending a marriage. While lawyers and legal fees can be vast, they could save you a lot of time and effort in the long run — not to mention ensuring that you get what you want and what you are entitled to.