For any couple contemplating divorce, understanding the legal issues relating to divorce in Virginia can be overwhelming, especially given the emotional strain caused by the event. Having an experienced divorce attorney to guide couples through this difficult process is essential. The following is an overview of the various issues that spouses will face when navigating the divorce process.
In Virginia, divorces can either be contested or uncontested. If they are contested, adversarial proof is required. Contested divorces involve disputes among the parties regarding any of the following:
Even if both parties wish to divorce, if any of the above disputes arise, the divorce is still deemed “contested.” The parties must be separated for a minimum of one year before a divorce will be granted (with a few exceptions).
Virginia uncontested divorces are different in that they typically involve a mutual, voluntary separation, without disagreement over the various issues pertaining to the parties. The spouses must be separated for a period of at least six months if they have an executed, written Separation Agreement. If there are children involved, or there is no Separation Agreement, the separation period must be for one year.
As part of the Virginia divorce filing, there are numerous statutory elements that must be alleged. If one party is moving for a divorce on grounds, care should be taken before an accusation is made against one spouse because if the grounds for divorce cannot be proven, the other spouse could receive an award for legal fees (and even potential legal action for defamation after the divorce matter is resolved). Grounds for divorce in Virginia include:
If you are anticipating the end of your marriage, it is vital that you consult an experienced Virginia divorce lawyer who understands the complexity of the local laws. Our domestic relations attorney has over a decade of experience handling these matters. As a family-run local business, we handle cases with compassion and sensitivity. For a consultation, contact our office today.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law