What You Need To Know About

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  Understanding Virginia Family Law: Separation As A Basis For Divorce

  In Virginia, separation refers to couples who are living apart. Virginia Beach family law regards couples as separated even if they have not signed a Separation Agreement. The state also does not grant Legal Separations. Instead, the Virginia Circuit Court grants bed and board divorces and provides orders stating which party receives the legal right to live in the couple’s home.

  Couples can opt for the no-fault grounds of divorce. The no-fault ground of divorce refers to permanent and intentional separation, which is to be continued uninterrupted for twelve months or six months if the couple has signed a Separation Agreement and no minor children are involved in the divorce. An attorney can support your case and help you file for a no-fault divorce.

  

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  Separation and Custody Agreements

  Another term used interchangeably with Separation Agreements in Virginia is Property Settlement Agreements. The agreement decides key issues in the dissolution of a marriage such as spousal support, property division, debt, and the custody and visitation rights of children. The divorce agreement can also state that the dissolution of a marriage will be on a no-fault ground. Good legal services can help you navigate the complexity of property settlement and child support after your divorce.

  

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  Divorce

  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. If you’ve decided that divorce is the right thing to do and you have already 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 case depends 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.

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  Consider Getting The Help Of A Lawyer Who Specializes in Family Law

  These are only the basic things that you need to know about a Virginia Beach divorce. Getting an attorney to assist you through the divorce process is not required, but it is usually a good idea to consult family law experts. An attorney in the Virginia Beach area will help you through the legal difficulties of your divorce. They can explain the process as clearly as possible and can suggest options and issues that you may not have considered yet. They can also be beneficial if you have a child and are concerned about child custody. An attorney can advocate for divorce child support, establish visitation rights, and strive to help you keep custody of your child.

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  Finding The Right Virginia Divorce Lawyers To Represent And Support You

  We’ve helped thousands of clients win their cases. Your case could be next by calling for a free consultation.

  Free Consultation 888-402-7117

  Our Virginia Beach office and legal team is licensed and experienced when it comes to divorce, separation, and child custody. Our Virginia family law firm will provide you superb legal representation and assistance; from the credentials needed until the end of the divorce case. You don’t have to go through a divorce alone. Our firm is open for you and your family, and we regard all cases as important. Our team will review your case and handle it with compassion and expertise. We’ll handle your case with care because we already know how difficult your divorce must be for you.