Northern Virginia Divorce Lawyer

Divorce is one of the hardest things one may go through, especially in a case where children are involved. As a Northern Virginia divorce lawyer, I can fight for your legal rights.

read below how to divorce in virginia

What is the Process of Divorce?

It does not matter whether both spouses agree to the divorce or not, either one of them can file a petition with the court to dissolve the marriage.

The petition will include a statement informing the court that the spouse has met the state’s residency requirements for divorce, the grounds for divorce, and any other requirement that the state requires to be fulfilled before filing for divorce. 

The residency requirements state that you or your spouse must have lived in Virginia for at least six months before filing for divorce.

Your primary domicile residence should be Virginia.

This is basically where you have your driver’s license, voter registration, and any motor vehicle under your name. 

However, in the circumstance where your spouse is not a resident of Virginia, you may file in the county where you reside.

Furthermore, it is required that you must be at least 18 years old to file and must prove the necessary grounds for divorce to the court. 

Along with the complaint of divorce, other documents may be necessary depending upon whether it’s an uncontested divorce or a contested divorce.

A property settlement agreement will typically be attached in a case where there is an uncontested divorce.

The property settlement agreement is basically where all the division of assets and other issues such as spousal support, child support, or child custody are settled upon between the parties.

However, in cases where both parties have differing opinions over these topics, the court may schedule a settlement conference so the parties and their attorneys can negotiate a settlement and try to resolve ongoing issues.

Virginia Divorce Law Requirements

What are the Grounds for Divorce in Divorce?

There are several grounds listed in the Virginia Code that justify severing the marital relationship.

In Northern Virginia, there are two types of divorce: Contested and uncontested divorce.

A contested divorce is where the parties are unable to settle on their issues.

On the other hand, in an uncontested divorce, the only requirement is that the parties must have been living separately and apart for more than a year without any cohabitation. 

Divorce law in Northern Virginia includes both fault and no-fault divorces.

The no-fault divorces, similar to the uncontested divorce, just require the parties to have lived separately for the required period as stated by the statute.

Fault grounds, on the other hand, vary state by state but the most common include:

Adultery

This can constitute a ground for divorce.

It occurs when a married person has voluntary sexual relations with another person outside the marriage.

Strict proof of sexual relations with another is necessary for the spouse to file under this ground. 

Willful Desertion

For a divorce based on wilful desertion, you must show that your spouse intentionally broke off the cohabitation by moving out with the intent to remain separate. 

Constructive Desertion

Another aspect of desertion is called constructive desertion.

This arises when acts such as domestic violence and cruelty have pushed the spouse to a point where living in the marital home is intolerable.  

Convicted of a Felony

To obtain a divorce because your spouse is convicted of a felony, one must show that the other spouse is under imprisonment for more than a year.

Cruelty

This requires acts that caused the spouse filing for divorce to feel unsafe in the marital home.

Behavior acts such as mental anguish, constant neglect of the other, and humiliation to make the marriage intolerable can constitute cruelty.

Simply saying mean or rude words will not qualify this ground.

Why Should You Hire an Experienced Northern Virginia Divorce Lawyer?

Divorce is an extremely stressful time and one that can put a lot of pressure on you, not just financially but also emotionally.

To ensure you end up with what you deserve and establish valid reasons for your divorce in Northern Virginia, it is encouraged to consult with an experienced Northern Virginia Divorce Lawyer who can help you navigate the process and provide guidance to your case throughout. 

The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing efficient legal representation.

Contact us today to ensure your divorce matter is handled appropriately.