When two people decide to separate, they must meet certain legal requirements before filing for divorce. Then, if the spouses have managed to come to a mutual agreement on all key issues, this will be an uncontested type of divorce. In this case, the legislation of Virginia allows people to avoid significant losses in time, effort, and money. On the contrary, if partners have controversial opinions about some essential points regarding their separation or one partner has lived separately for at least six months, it is assumed to be contested.
According to Virginia divorce law, spouses may claim for divorce if they meet the requirements of a no-fault separation by mutual consent. Divorce without fault allows two individuals to quickly and easily end their legal relationship. Additionally, if the spouses are unable to come to a mutual understanding, one partner can insist on a legal and fault-based divorce because of the marital misconduct of the other party.
In accordance with divorce laws in VA, the spouse who initiates the separation process must be a citizen of the US and live in Virginia for the last six months. If one of the spouses is a military officer and servesoutside of Virginia, this person is considered a resident of Virginia State and is eligible to apply for divorce in this state, provided he or she lived in Virginia for at least six months before moving to another area.
One party can request an uncontested divorce if the other partner has been living separately for at least six months and the spouses don’t have common children. If the couple has children or an agreement between them is impossible for any reason, the period of separate living must be at least one year before filing for divorce.
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Divorce law in Virginia states that spouses have the right to apply for an uncontested divorce by signing a Separation and Property Settlement Agreement. This Agreement significantly simplifies the divorce procedure in Virginia.
VA divorce laws make the uncontested procedure less complicated. Here, the spouses have to arrange such issues as children’s alimony, matrimonial content, division of property, etc. Many prefer to define the beneficiary of insurance payments, as well as to designate the person who will inherit tenure and land rights in the event of death. The question of who will pay all the expenses related to the divorce procedure in Virginia, including state, court, and lawyer’s fees should also be resolved in advance. The lawyer's fee will be much more affordable in this case, and the parties may keep their relationship civil. With regards to the terms of the legal divorce process in VA, the uncontested type usually takes several months, while a contested divorce can last up to eighteen months.
Divorce laws of Virginia permit couples to file for divorce without blaming one another. For that, it is necessary to prove that spouses have been living separately for at least one year if partners have minor children and six months if they don’t. Another condition is that spouses must have already come to a mutual consensus about all critical points related to their separation.
Divorce rules in Virginia allow parties to request a divorce based on the misconduct of one spouse. According to divorce laws in Virginia, the acceptable grounds for separation comprise such dishonorable acts or misbehavior as adultery, being convicted of a serious crime, and cruelty with possible bodily harm of one spouse toward another.
Note that the court will not approve the petition if couples intend to forge any marital misconduct with the single goal to be quickly divorced. If the judge finds that the spouses have lied and intended to mislead the court, the case will likely be dismissed. The couple will need to start the divorce process in Virginia anew and pay the court fee again.
If you are the plaintiff, i.e. the person filing, or the defendant, and you don’t want to hire a divorce lawyer, you are welcome to get in touch with our experts. You will be provided with all the necessary information on how to file for an uncontested divorce.