Divorce Laws in Virginia

Despite the circumstance or the situations, the process of ending a marriage is always confusing, complicated and stressful. Bringing the dynamics of the new romantic relationships to the photo can worsen to the difficult situation and may cause feelings of hostility.

A limited divorce in Virginia allows couples to live apart but remain legally married – for this reason, dating laws before the settlement of a divorce can be specifically complex. In every case, the individuals in the midst of divorce must give essential consideration to the legal, personal as well as the financial implications of dating before being legally divorced.

These are some of them:

  • The laws vary from state to state. In Virginia, it is not necessary for one of the parties to commit a specific act to dissolve the relationship. This type of legislation, also known as ” no-fault,” allows spouses or domestic partners to separate by just arguing ” conflicting differences.”
  • If one of the parties does not want to divorce, the person interested in doing so can obtain a trial by absence and divorce anyway. The Virginia court does not particularly favor who files the divorce petition first, or who responds to the lawsuit.
  • In Virginia there are three ways, to end a marriage or domestic partnership: through the legal separation, divorce or separation. In specific cases in which the couple has no children or property, or who have been married for less than five years, among other requirements, they can also present a simple summary process to the Secretary of State and dissolve the union.
  • The cases in which the separation could affect the immigration status of one of the parties are more complicated, and it is recommended to consult with an expert lawyer in the matter.
  • If one of the spouses belongs to the armed forces, they must follow specific rules of divorce, derived from the civil laws of the military.
  • If you need to get separated for being a victim of domestic violence, then you can call national health line. The abuse can be physical, psychological or emotional.
  • If a couple cannot agree on the division of property, valuables, or debts, you can consult with a lawyer only for that portion of the process, without having to hire them for the entire process.
  • The judge estimates the amount of support, based on the standard of living that the person took during the marriage, its duration, and the age, health and work capacity of both. In marriages of less than ten years, judge’s order maintenance equivalent to half the duration of the union.
  • When the couple cannot agree on the visits and custody of the children, they can reach a temporary agreement, until the circumstances have changed. Before a custody and visiting hearing or trial, both parents must meet with a counselor hired by the court.
  • The state of Virginia also contemplates the rights of the grandparents to visit their grandchildren, even if their parents are no longer married.