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What are the requirements for seeking a divorce in Virginia?

An individual who has lived and resided in Virginia for at least six months prior to filing their paperwork for divorce may seek to use the Commonwealth's courts to complete the dissolution of their marriage. In Virginia a person may base their divorce on a ground of fault or may pursue a no fault divorce if they have been separated from their spouse for at least one year.

Fault grounds for divorce include engaging in certain sexual contact with individuals outside of one's marriage. Additionally, fault may provide a means to ending a marriage if one's spouse is convicted of a felony and is incarcerated for a certain period of time. Cruelty and fear of one's spouse may also be the bases of divorces if certain other conditions are met.

A divorce legally ends a union that a marriage creates. When two people go through a divorce there are many considerations that must be made in order for them to untie their lives from each other. If they have children they must settle matters related to custody and visitation. As they separate their money and assets they may have to determine if one party will seek alimony or spousal support from the other.

In Virginia a divorce may be made final as soon as the couple works out the many issues related to ending its marriage. There is no waiting period to this end but individuals may not remarry if their divorces are under appeal. To learn more about divorce and the laws of Virginia readers of this blog are encouraged to talk to family law attorneys in their communities to have their specific legal issues addressed.

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Boyce, Leahy & Francescon, Lawyers
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Manassas, VA 20110

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