How does Virginia make it difficult to get a divorce?
Virginia has very specific rules relating to divorce. The state is not necessarily making it difficult for residents to get divorced, but the divorce process can sometimes be long and complicated. In Virginia you can either file for a "fault-based divorce" or a "no-fault" divorce. To file for a no-fault divorce, you and your spouse need to be separated for either 6 months or 1 year. The 6-month requirement applies if you have no minor children and you have entered into a Virginia separation agreement. The 1-year requirement applies if you have minor children or haven't entered into a Virginia separation agreement.
The point of the Virginia separation agreement is to ensure that both parties agree on key points of their divorce such as child custody and spousal support. This shortens the time it takes to complete the divorce because none of the points are contested. Filing for Divorce in Virginia
If you decide to file for divorce on fault grounds in Virginia and are successful, you might be able to proceed with the divorce without waiting the 6 months or 1-year waiting period. Virginia grounds for divorce include:
adultery (including sodomy, buggery);
felony conviction;
cruelty;
apprehension of bodily hurt;
desertion, and
abandonment.
Many people choose to file a Virginia fault-based divorce in order to make the process go more quickly, however, you will need sufficient evidence to prove your spouse has committed adultery, desertion, cruelty or any fault-based grounds.
The Virginia divorce process is started when the spouse initiating the divorce hires a Virginia divorce attorney and files what is known as a Bill of Complaint For Divorce, or simply, a complaint. A complaint includes vital information about the couple and their marriage, as well as other information relevant to beginning the divorce process. If you are the one filing the complaint, you are the plaintiff, and your husband is the defendant.
Your husband is then served with the complaint. Within 21 days, he will probably file an answer and possibly a cross-complaint. By this time he will likely have hired a lawyer of his own.
Your first hearing will address all points that need immediate attention, such as the need for temporary spousal support, housing situations, and other issues. Remaining issues will be negotiated and addressed in the remaining hearings until the divorce becomes final. Contacting a Virginia Divorce Attorney
The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there's also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.
To order your free book-www.freedivorcebook.com information on seminars-www.monthlydivorceseminars.com info on collaborative divorce-www.virginiacollaborativelaw.com information-estate planning for young families-www.generationslawfirm.com information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com
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