The decision to file for divorce is rarely one that comes easily. But if you have come to that point in your marriage, then there are some especially important things you should know before you take this big step. The ending of a marriage can be a very emotional process, and you should try to remain as clear-headed as possible.What questions should you ask a divorce lawyer before hiring?This five-step guide will walk you through the main points you should understand very clearly before filing for divorce in Virginia. It’s important to note this is a guide only, and for more detailed advice, please consult your Virginia Beach divorce lawyer.
Understanding the legal implications of separation is crucial before filing for divorce in Virginia. While a formal divorce dissolves the marital bond entirely, legal separation entails living apart from your spouse without officially ending the marriage.
In Virginia, a legal separation may serve as grounds for divorce if the separation period meets the required duration. During separation, couples may address important issues such as child custody, visitation rights, and financial responsibilities through separation agreements.
These agreements outline the terms of the separation and can influence subsequent divorce proceedings, including the division of assets and spousal support arrangements. Therefore, gaining clarity on the legal ramifications of separation is essential for individuals navigating the divorce process in Virginia.
1. The legal requirements for divorce in Virginia
Before attempting to file for divorce in VA, you should become familiar with the mandatory legal requirements. At least one spouse must have lived in VA for six continuous months, and proof of this may be required. There is also different minimum length of separation requirements that must be met before a divorce can be considered:
- Six months if no children
- Twelve months if children
A divorce must also be lodged in the county in which either you or your spouse have resided.
Before filing for divorce, you should understand both types of divorce recognized in VA, so that you can make an appropriate decision regarding which kind you wish to seek. In Virginia, these are:
- Divorce from bed and board (partial divorce recognizing legal separation but not permitting remarriage)
- Divorce from the bond of matrimony (full and absolute dissolution of the marriage)
2. Grounds for divorce in VA
Grounds for divorce in VA fall into two broad categories: no-fault and fault. No-fault divorces only require the minimum period of separation to be met. Fault divorces must provide proof of fault in one or more of the following categories:
- Felony conviction and one year or more of imprisonment
- Adultery, sodomy, or buggery
- More than one act of cruelty
- Desertion for at least twelve months
- Voluntary separation (with the same minimum separation period as above)
If you intend to file for fault divorce, you need to ensure you have proof of the fault.
3. The difference between contested and uncontested divorce
An uncontested divorce occurs when both spouses agree to the divorce being filed and all matters relating to property, custody of children, and alimony. These are by far the least complicated of the two options.
Contested refers to when parties do not agree. This disagreement can relate to any or all relevant factors within the divorce. A divorce cannot be officially considered as contested or uncontested until all paperwork has been filed and both parties have indicated their agreement or not. Should you find yourself going into this process, make sure to have a reasonable idea of whether your spouse is likely to agree to the terms you have set.
4. How much it is likely to cost
While Virginia has a standard cost for filing for divorce, the cost from there can be more difficult to assess. The dollar amount that a divorce will cost is very much on a case by case basis and heavily depends upon whether the matter needs to proceed before a court as well as whether you will be seeking legal representation.
Uncontested divorces, for obvious reasons, generally work out far cheaper for both parties — at least in the short-term. These matters are less likely to need to proceed before a court and therefore will not usually require legal representation. Contested divorces do not necessarily require legal representation, however it’s generally recommended.
In terms of specific legal fees, this will vary depending on your individual case and your chosen legal representative. Your Virginia Beach divorce lawyer will be able to assist with these kinds of specific queries.
5. Whether you will need to go to court
This is a big one. As noted above, you will not necessarily be able to completely predict this until confirmation is returned from your spouse that they will not be contesting any element of the divorce — but it’s something you should consider as soon as possible. Generally, avoiding going to court at any time in life is preferable. But if you’re aware that your spouse is being particularly difficult and is unlikely to respond fairly to the terms you have proposed,then planning for court and how to successfully get divorced should be something you do sooner rather than later.