Divorce Lawyers Arlington VA
Let us defend your legal divorce rights in court. As divorce lawyers Arlington VA, we can fight your divorce in court and defend your legal rights.
read below requirements to file for divorce in virginia
Requirements to File for Divorce in Virginia
To file for divorce in Arlington, either of the spouses must be domiciled in Virginia for at least six months.
Their primary domicile must be Virginia.
This means where they have a driver’s license, voter registration, a motor vehicle, etc.
Divorce proceedings take place in the Circuit Court of the county where you and your spouse last lived together or where your spouse currently lives.
The defendant is the person against whom the divorce is filed.
In the circumstance where your spouse is not a resident of Virginia, then you may file where you reside
The Procedure of Filing for Divorce
In the event where you and your spouse are unable to reach an agreement about all the issues, you can take the case to court for a judge to set out a reasonable plan for both parties to follow.
The process starts with filing a Complaint for Divorce.
If it’s an uncontested divorce, a property settlement agreement is necessary.
A property settlement agreement outlines the division of assets and any other issues such as child support and custody of the child for the court to decide.
These documents are required to be filed with the court.
The copies of the documents submitted at court are to be served to your spouse.
At the court hearing, the judge will ensure all the necessary paperwork is in order and is accurate before entering a final Decree of Divorce.
Grounds for Divorce in Virginia as Explained by Divorce Lawyers Arlington VA
A party must have valid legal grounds before he or she may file for divorce (20-91).
The dissolution of a marriage involves not only property rights and financial matters but also raises complex problems if there are minor children involved.
The grounds can be subdivided into two categories:
(i) Grounds based upon the spouses living separately for over a year, as prescribed by the law or;
(ii) Grounds based upon the fault of either of the spouse.
The first is known as the no-fault grounds and the latter as the fault grounds.
(i) No-Fault Divorce Grounds in Arlington Virginia
In an uncontested divorce, all matters regarding the property, child support, custody, and spousal support are resolved and settled between the parties.
There is, however, a requirement of the parties living separately, without cohabitation or interruption, for at least one year and intended the separation to be permanent.
(ii) Fault Divorce Grounds in Arlington Virginia
These grounds justify severing the marital relationship.
A contested divorce is where there are property rights to be resolved, and the parties have to present evidence of facts and circumstances that may lead to the dissolution of the marriage.
The Virginia Code §20-91 lists several grounds that allow for the filing for dissolution of marriage without the need to fulfill the requirement of being separated for one year. The fault grounds are as follows:
1. Adultery: This is when a spouse has engaged in sexual relations with people outside the marriage.
There must be clear evidence that it occurred, and it must have happened within the last 5-years.
The spouse filing for divorce must not have condoned the adultery or continued to live with the spouse after knowing about it.
2. Desertion: This is where one spouse leaves the marital home, breaking off the cohabitation, with the intent to desert the marriage.
In the case of mutual agreement to separate, there is no desertion.
Constructive Desertion occurs where a spouse leaves the marital home because the other has been abusive towards the other spouse, leaving them no choice but to desert.
3. Convicted of a Felony: In the event, where a spouse is convicted of a felony, and sentenced for more than a year, then you may file for divorce so long as you do not continue to live with the spouse after finding out about their confinement.
4. Cruelty: This occurs when one spouse has carried out abusive acts towards the other to leave them fearing for their health, life, and safety and leave the marital home because they felt unsafe.
There will be no requirement for a period of separation before filing for divorce if any of these grounds apply to your case.
To ensure the divorce process is managed efficiently, hire experienced divorce lawyers Arlington VA.
Why Should you Hire Divorce Lawyers Arlington VA?
An experienced attorney can explain the legal effects of the proceedings and your rights concerning child support, custody, visitation, and any financial issues.
The attorneys here at the American Lawyers Group have years of experience handling thousands of cases and providing clients with strong and effective representation.
Contact us today to be represented by the best Divorce Lawyers in Arlington.