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Family Law Archives

What is an "uncontested" divorce?

An uncontested divorce is essentially one in which both of the parties to the marriage agree that ending the marriage is acceptable. In an uncontested divorce, the parties do not have any grounds on which to challenge the legal proceedings and both parties want to bring their marriage to its end. Virginia residents may pursue uncontested divorces if certain conditions are met.

Can you seek spousal support after a divorce?

Spousal support, sometimes referred to as alimony, is financial assistance that a person provides to their former spouse and that can last for varying lengths of time. Not every Virginia couple that goes through a divorce will have a spousal support agreement or order attached to their final decree, as spousal support is not necessary in all cases. In some divorces, the parties to the action will leave the marriage with sufficient wealth and income to support themselves without requiring spousal support.

Factors that may invalidate a prenuptial agreement

People often view prenuptial agreements as a bulletproof means of protecting their financial and property-based assets in the event that their pending marriages end in divorce. Through a prenuptial agreement, a couple in Virginia may establish a support plan, decide who will keep the house and other key pieces of real estate and determine if and how shared accounts may be separated as the couple's marriage comes to an end. Prenuptial agreements cannot make any arrangements regarding children, such as custody or support, and if they do those provisions may be invalidated.

The right approach to a contentious divorce

No one expects that their marriage will end in divorce, but, unfortunately, many marital unions in Virginia wind up meeting their ends in the courts of the Commonwealth. It is not uncommon for some couples to simply grow apart and mutually agree that the partners would be better off without each other in their lives. These amicable divorces can have their own complications, but may proceed without the overwhelming stresses that contentious divorces deliver.

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.

A prenuptial agreement can be an important family law tool

While many Manassas residents consider marriage to be a spiritual or emotional bond of two people together it is actually a change in the legal status of the parties who choose to wed. The status of "married" bestows upon the partners certain rights and responsibilities to each other and their property. For example, married individuals generally have the right to inherit property from their partners in the event their partners predecease them.

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