Laws are complicated, and when it comes to divorce, things can get complicated. There are eligibility requirements, even when you are trying to divorce. If the couple could not agree on the issue of splitting property and assets, the judge will divide these fairly the way he deems lawful. Child support and alimony are other issues that need to be taken care of properly. While divorce is emotionally straining, it need not be draining financially.
Understanding Way to File
Before divorce can be filed in Virginia, you need to be the legal resident of the state for at-least six-months before taking action. It can be filed in the city or the county where both the spouses live or the place where the defendant resides. But the laws say that the married couple who doesn’t have any kids from marriage must be separated for six-months. The spouses should have different sleeping arrangements and should not have any physical relations. Both must have signed off on a separation agreement. The document or divorce paperwork Virginia signed should detail on the way the property and assets are going to be divided. The court decides on the matter if an agreement could not be reached between the spouse.
Valid Ground for Divorce
The person filing for divorce ‘needs’ grounds for divorce, which are recognized by the court. The state is not a no-fault state, and the grounds for divorce are clear. Here are some of these.
- Adultery is pretty familiar ground for seeking a divorce. One spouse can file for a divorce if the other has committed adultery by having physical relations with any other individual outside the marriage. After the knowledge of adultery, spouses can’t live together. Divorce application should be filed within five years of the revelation of this violation of marriage.
- Committed a felony. A spouse can file for a divorce in Virginia if his or her spouse has committed a heinous felony after the marriage, which would lead to a year in imprisonment.
- You can also file for a divorce if the spouse has harmed physically or has abandoned the spouse. However, you need to file for divorce within a year.
Filing for Divorce
It could be contested or uncontested divorce. However, with an uncontested divorce, separation before marriage is a must.
Couple Without Children
Such couples can file for divorce after six months of separation. However, they need to sign a written separation agreement which states that the spouses are no longer living together. It should also provide a fair division of the property.
Couple with Children
The couple must be separated for at least a year. The written separation agreement should include clarity on child custody and their future support.
The separation agreement is the first step for an uncontested divorce. It can be mentally and emotionally complicated, but thankfully, there are many reputed sites out there which can help you to create a separation agreement using Virginia Beach divorce forms online.
However, in an uncontested divorce, the couple essentially has no separation agreement. If the couple can’t agree on points like division of property or custody of children, the judge decides as per the law.
Distributing the Assets
The issue is usually addressed in the separation agreement. The marital property purchased during the marriage is divided, not the property that was owned before the marriage. If the couple could not agree, the judge will divide it equitably.
Divorce paperwork in Virginia can be completed in this manner. The required separation agreement can be created online at legal forms site.