How to Get a No-Fault Divorce in Virginia (Part B)

If you wish to seek a No-Fault divorce in Virginia, you should become familiar with the two options available to obtaining an "absolute" Virginia divorce. Though you do not need the consent of your husband in order to achieve a No-Fault divorce, it will make the process easier and shortens the time it takes to finalize the divorce.

Achieving a Virginia No-Fault Divorce in 6 Months

Listed below are the factors that would allow for you or your husband to file for a No-Fault Virginia divorce in a 6-month timeframe:

• You and your husband do not have any children under the age of 18
• You've lived apart continuously for 6 months
• Either you or your husband, or both, intended the separation to be permanent
• You and your husband have signed a written separation agreement

After completing the 6-month separation period required in Virginia, you and/or your husband can file for a No-Fault Virginia divorce.

One-Year Waiting Period for a Virginia No-Fault Divorce

As you can see, not all Virginia couples will qualify for the 6-month path to a Virginia No-Fault divorce. Most couples must spend one year living apart in order to qualify for a Virginia No-Fault divorce.

Listed below are the factors that increase the waiting period to 1 year:

• You and your husband have minor children AND
• You have not obtained a separation agreement

How Long Does a Virginia No-Fault Divorce Take to Complete?

In addition to the required 6 month or 1 year separation period when filing for a Virginia No-Fault divorce, you should expect the divorce to take about 3 to 4 months to process in a Virginia court. Though you do not have to spend time in court fighting to prove marital negligence, there are still important matters that need to be determined, including:

• Your financial settlements and division of marital property
• Issues of child custody, co-parenting arrangements and child support
• Alimony and spousal support

How a Virginia Divorce Lawyer Can Help

At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer/Ferrebee P.C. represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule your legal consultation - (757) 425-5200.

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