Advantages Of Filing For A Fault
Even if you feel that your spouse is at fault for ending your marriage, its important to consider both the advantages and disadvantages of filing for a fault divorce.
Advantages of a Virginia Fault-Based Divorce
There are several advantages you should consider before ruling out a fault-based divorce.
No Waiting Period In a no-fault divorce in Virginia, the couple must live apart for a period of time before they can get a divorce.
If the couple has no minor children, they must wait six months. If they have children under 18, they must live apart for a year.
However, for a spouse who files for divorce because of adultery or a felony conviction, there is no waiting period, and can file for divorce right away.
Preference for Child Custody When making decisions about custody of the children, the judge will try to rule in the best interest of the child.
The court will look less favorably on a spouse that has committed adultery.
The judge may look upon their actions and judgement as irresponsible and decide to award primary custody to the other parent.
Preference for Spousal Support Fault is not the main factor in deciding the amount of spousal support, or alimony.
The judge determines the amount of spousal support mainly based upon several factors, such as:
- Each persons financial independence
- Earning potential
- The length of the marriage
- The age of the spouses
Disadvantages of a Fault-Based Divorce
In effect, youll have to prove that your spouse is guilty of adultery.
How Spousal Support Is Determined
Courts have discretion when determining whether a spouse should receive support and what amount of support should be awarded. When making these determinations, courts consider many factors, including:
- The obligations, needs, and financial resources of the spouses
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of the spouses
- The monetary and nonmonetary contributions of each spouse to the well-being of the family
- The property interests of the spouses and division of property during divorce proceedings and
- The earning capacity, including the skills, education and training of the spouses.
The court may also consider other factors, including circumstances that contributed to the dissolution of the marriage, such as any instances of adultery or other grounds for divorce. Spouses may also be barred from receiving spousal support, such as in divorce resulting from adultery.
What If Your Spouse Doesnt Want The Divorce
Your spouse cant stop you from getting a divorce if you file for a no-fault divorce, but they can make it more difficult and time-consuming. If they decide to simply not respond to service, the court will eventually let you move forward without them. If they do respond, you will either work out a settlement or go to trial.
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If Attempts To Serve My Spouse Do Not Work What Is My Next Step
In Virginia, there are four ways to serve your spouse: have a copy of the Complaint served on your spouse in person deliver a copy of the written Complaint to someone who resides at the same residence as your spouse posting a copy of the Complaint to your spouses front door of their residence and service by publication.
Service by publication is not proper unless the first three types of service are unsuccessful, your spouse is not a resident of Virginia, or efforts to locate your spouse have been unsuccessful. The publication must run once per week for four consecutive weeks.
How Divorce Works In Virginia
Virginia divorce cases are handled by the stateâs circuit court system, as are all other Virginia family law matters. The state of Virginia has one very unusual divorce law: divorcing couples may choose either a limited divorce or an absolute divorce. When the circuit court issues a limited divorce decree, it operates a bit more like a separation agreement, as it is not permanent, does not permit remarriage, and does not terminate property claims . When the circuit court grants an absolute divorce, it constitutes a final decree, as the divorce is permanent, permits remarriage, and terminates property claims.
Virginia divorce laws allow couples to either file for a fault divorce or a no fault divorce. In a fault divorce, one spouse will allege some wrongdoing on the part of the other spouse in the divorce complaint, whereas in a no fault divorce, one or both spouses will simply indicate that they would like to dissolve the marriage through no fault of either party.
Divorcing couples may also choose between a contested divorce and an uncontested divorce in Virginia. In a contested divorce, each spouse must hire a Virginia divorce lawyer in order to resolve divorce issues like child support, child custody, alimony, and the division of marital property. Sometimes this means leaving these decisions up to the court, but more often the parties are able to reach a marital settlement agreement before trial.
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The Benefits Of A Law Firm Serving Hampton Norfolk Newport News And Chesapeake
Hunter Law Firm has been fighting for the rights of spouses seeking or facing divorce for over 20 years. Our lawyers are committed to guiding you through the divorce process. We have a deep understanding of Virginia laws and are prepared to utilize every resource at our disposal to assist you in moving forward with your life as quickly as possible.
How Long Does It Take To Get A Divorce In Virginia
The duration of the process depends on the case complexity. Contested divorces with many disputes can take 8 to 16 months because of numerous court hearings. Simple uncontested divorces can be finalized in 1-2 months after filing, provided that all separation requirements are met.
In addition, the timeline can be delayed if spouses choose fault-based grounds for divorce like adultery, conviction of a felony, cruelty, etc. In this case, the filing spouse needs time to collect evidence, and the judge needs time to review them. Its important to note that spouses must choose no-fault reasons for a faster uncontested divorce.
When it comes to the mandatory waiting period, Virginia doesnt have one in the traditional sense of the term. However, the state requires spouses to live separately and apart before filing for divorce .
Another crucial aspect is to know when the divorce becomes final. In Virginia, spouses have thirty days after the judge signs the Final Judgment to ask for changes. However, its not typical for uncontested cases where spouses agree on the divorce terms in advance and sign a marital agreement.
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How To File For Divorce In Virginia: A Step By Step Guide
Last Updated on July 29, 2022 by Fair Punishment Team
In our guide for Divorce in Virginia, youre going to get some great info on the divorce process and well get into hiring an attorney and attorneys fees.
Youll always want to consult an attorney for your situation and if youre going to be visiting the domestic relations district court , youll want to make sure youre working with your attorney on the right way to approach this.
You can always go with an online option by using OnlineDivorce.com. Check out their service to see if they can help you.
Lets get into the steps that you need to follow for divorce in Virginia.
What Resources Can Help Me Understand The Divorce Process
There are no official court forms dealing with the process of spousal separation or divorce. Information about the divorce process, as well as practical concerns about financial matters and custody, is available from the Virginia State Bar and VALegalAid.org. These organizations and the find a lawyer resources, along with your local court, local law library or local Bar Association may also be able to refer you to someone who can help. VA Law Help 2 Go offers a video that explains your options in pursuing an uncontested divorce from your partner.
The Spare the Child video, a project of the Virginia State Bar’s Family Law Section, guides parents through the difficult task of restructuring their family. The documentary-style, conversational video uses everyday language. It gives examples from people experienced with divorce, such as judges, lawyers, guardians ad litem, counselors, teachers, and children of divorce.
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How Is A Divorce Granted Will I Have To Go Before A Judge In Court
Only a judge may grant your divorce.
Whether or not you will have to go to court depends on what type of case you have. If you have an uncontested divorce, it is possible that no one will have to appear in court and you and a corroborating witness can complete affidavits at our office. If you have a contested divorce, you will have to go to court and a judge will decide any unresolved issues.
There are opportunities for a partial or complete resolution to settle the issues in your case without going to trial. These may include mediation and informal negotiations.
Can I Get An Online Divorce In Virginia If I Have Children
Generally, you can use Virginia 3StepDivorceâ¢ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting schedule, child support, health and dental insurance, and tax deductions. Virginia 3StepDivorceâ¢ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but youâll be able to customize the schedule to meet your individual needs.
However, you wonât be able to address custody-related issues with Virginia 3StepDivorceâ¢ if the affected child or children donât meet the âhome stateâ requirement. Usually, that means the child must have lived in Virginia with a parent during the entire six-month period before you file for divorce . If you donât meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. .)
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Virginia Follows The Equitable Distribution Method Of Property Division
In Virginia, in the event of a divorce, courts follow the equitable distribution method of dividing property. Under equitable distribution, courts will divide property equitably, or fairly, between spouses, but not necessarily evenly. Upon divorce, a couples property is classified as marital, separate, or part marital and part separate. Marital property is jointly-owned property and other property obtained from the date of marriage through separation. Marital property is subject to equitable distribution during a divorce proceeding. Separate property is all property acquired by one spouse prior to marriage and property obtained during marriage by inheritance or gift . Separate property does not get divided by the court and instead remains with the spouse that acquired it. Courts will also classify and divide any marital debt the same way as marital property. Courts will consider a list of factors to determine how to divide marital assets and debts.
Can I Get Alimony With An Online Divorce In Virginia
You and your spouse may waive any right to alimony in your Virginia divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
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How Long Does Divorce Take In Virginia
After all divorce paperwork has been filed in court, the average amount of time for a divorce to be finalized is 30 to 90 days. The complete start to finish timeline of a divorce will vary largely on caseloads of the court and judges availability to sign the final Decree of Divorce.
When your case will be over depends on what type of case you have.
If you have been living separate and apart for more than one year and have a signed Property Settlement Agreement, or if you have been living separate and apart for more than six months and have no minor children and have a signed Property Settlement Agreement, you have an uncontested divorce and the process can take as little as one month.
If you do not have an uncontested case, divorces will take more time. How long will depend on the specific facts and circumstances of your case. Anything that cannot be agreed upon by you and your spouse will be resolved by a judge. Attorneys will need to complete discovery to gather and exchange information related to custody, visitation, and your marital property and debts.
Depending on which county your case takes place in, the Court will schedule Term Day or a Scheduling Conference to set a trial date. If there are still unresolved issues on the trial date, the parties will be allowed to present their evidence and make arguments, and the judge will decide the remaining issues.
How To Start A Virginia Divorce
The divorce process in Virginia begins with you or your spouse filing a Bill of Complaint for Divorce in a county circuit court. This form notifies the court and the spouse that a divorce is desired.
Completely fill out the Bill of Complaint for Divorce and make at least two copies to submit to the county circuit court where you or your spouse resides.
You must also fill out a v -4 State Statistical Form and submit it along with the complaint.
A filing fee must also be provided at the time of complaint submission. This fee may range from $150 to $290 and must be in the form of cash, money order or a cashiers check.
Once the Bill of Complaint and supporting documents are filed, a clerk of the circuit court will review the filing and, possibly alert you to any missing documents. If your filing is approved you will receive a civil number designating your case.
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How Long Do You Have To Be Separated In Virginia To Get A Divorce
This answer varies between 6 and 12 months. If you have a child under the age of 18, you must be separated for 12 months to file for a no-fault divorce. If you do not have any children that are minors, you must be living separately for 6 months, with a separation agreement in place, to file for divorce. The grounds for divorce can also come into consideration here and be a determinant of the necessary time separated.
How Does Online Divorce Work In Virginia
Virginia 3StepDivorceâ¢ takes care of the divorce paperwork for you. Once you sign up for the service, youâll answer some questions about your situation. Based on your responses to the questionnaire, Virginia 3StepDivorceâ¢ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information thatâs needed. Youâll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
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What Is A Wife Entitled To In A Divorce In Virginia
Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouses financial situation and assets. Either party can request spousal support, but it is up to the court to decide if they meet the requirements to receive it.
File For Divorce Online In Virginia Without A Lawyer
Divorce without an attorney is another option for spouses seeking an uncontested divorce in Virginia. The main requirement is the absence of disagreements.
The benefits of divorce without a lawyer include saving time and money. First, attorneys in Virginia charge an hourly fee of $280-$330. Moreover, depending on their expertise, the price tag can be higher. Secondly, spouses need to consider the lawyers workload and adapt to it, causing time delays.
Lawyer-free divorce requires spouses to take several steps:
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How To Establish Residency
Register to vote. Get a driver’s license. Get a job. Open charge accounts. Register your car. Take out a library card. The list is endless. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.
Virginia Is An Equitable Distribution State
In a Virginia divorce, property is divided in accordance to the doctrine of equitable distribution. This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness. The court will look at factors such as who was the primary earner in the marriage, the health and education of both parties, and any misconduct that occurred during the marriage which constitutes one of the four possible fault grounds .
These decisions are ultimately left up to the discretion of the court, making them highly variable, but an experienced divorce attorney will usually have good insight to predict how things might go. Virginia courts are also of course willing to abide by the partiesâ wishes or a preexisting separation agreement.
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