Divorce is one of the most difficult experiences a person can go through. Divorce can get really frustrating and painful not only for you and your spouse but your entire family as well. No one wants a broken family, but sometimes divorce is the best thing to do. Ifyou’ve decided that divorce is the right thing to do and you havealready reviewed all your options, then you need to understand the divorce and family law in Virginia. Experienced divorce attorney can explain family law and support you throughout the entire process.
To file a divorce in Virginia, you or your spouse must be a state resident for at least six months. Once you hire your Virginia Beach divorce attorney, you can file the complaint for divorce with the Virginia Beach Circuit Court or other related legal authority. Your spouse now has the right to respond and begin case planning.
If you and your spouse can agree on all the main matters and issues, like child custody, visitation rights, financial support, and properties, your divorce can be finalized without a trial. If that’s not the case at all and you can’t come to an agreement on your Virginia divorce, the next step is most likely a court hearing where both parties have attorneys. In this type of case, a court appearance is required. The judge will issue a temporary court order, and then depending on your case, you may have the chance to go to negotiation or mediation to attempt to solve the disagreements pertaining to the divorce. Virginia divorce lawyers can help in making sure the negotiations take place in an amicable manner.
How long it takes to resolve the casedepends on how much the two of you disagree on the terms and issues of the divorce. A contested divorce may take up to eighteen months to two years. Uncontested divorce can take one to two months once you and your spouse have completed the waiting period.
Now there are several reasons for divorce to happen in Virginia. There is no-fault divorce where you or your spouse can claim irreconcilable differences. Just make sure that you’ve been separated for a year or six months if you don’t have minor children. This means that the couple is living apart continuously and permanently for that period of time. But a divorce cannot be granted until it is proven, so even if the grounds are accepted, a court hearing still has to take place at some point in the divorce process.If you have questions, contact a lawyer’s office.
One of you can also claim a fault-based divorce. Adultery, homosexuality, conviction of felony after the marriage, cruelty that causes fear of physical harm, and willful desertion for one year, are the grounds for a fault-based divorce. An attorney can help you determine whether to file for a no-fault or fault-based divorce under VA family law.
How Property is Divided in a Divorce
When you get divorced, you have the right to divide your property with your spouse without court involvement. If, however, you cannot reach an agreement or would like the help of a third party, you can get the help of an attorney and court.
Marital property is divided fairly, but that doesn’t mean it’s equal. This means you get to keep any separate property, which can be the property you acquired before getting married, and gifts and inheritances you received while you were married. With the shared property, the court will determine how it will be split based on several factors, such as the circumstances surrounding the acquisition of the property and the financial contributions of each spouse.
Another important factor to consider when going through a divorce is protecting your retirement. By law, retirement funds are often considered marital property and are in joint accounts. To protect your retirement during a divorce, provide evidence of the retirement funds you had before marriage so that they won’t be divided with your spouse. Working with a divorce attorney can also help you get a fair amount of your retirement fund.
As for spousal support in Virginia, this one isn’t guaranteed. During the divorce process, the court will decide temporary or permanent spousal support on a case-by-case basis.
