Separation and Divorce

Separation and Divorce

Divorce is the process of terminating the legal relationship between spouses. Virginia law allows for both "no-fault" and "fault" divorce. The reason for the divorce can impact many different aspects from property division to spousal support. Knowing your options and rights will help you make informed decisions.

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Types of Divorce in Virginia

There are two main types of divorce in Virginia: no-fault and fault.

No-Fault Divorce

Virginia allows for a no-fault divorce, where neither party is required to prove wrongdoing. A no-fault divorce can be granted if you have been separated and living apart for either:

  • At least six months if there are NO minor children (born or adopted by either party) AND the couple has a signed separation agreement.

OR

  • At least one year if minor children are involved.

Fault Divorce

In some cases, a spouse may seek a divorce based on specific grounds, including:

  • Adultery: One spouse engages in a sexual relationship outside the marriage.
  • Cruelty or abuse: Physical or emotional abuse toward the spouse or children.
  • Abandonment: One spouse leaves the marital home without the intention to return.
  • Felony conviction or imprisonment: If a spouse is convicted of a felony and/or sentenced to imprisonment.

Dividing Property in a Virginia Divorce

Virginia is an equitable distribution state, meaning that marital property will be divided fairly (but not necessarily equally). Factors that influence property division include:

  • The length of the marriage;
  • Each spouse's financial and non-financial contributions to the marriage;
  • The economic circumstances of each party;
  • The age, health, and standard of living of the spouses; and
  • The needs of any children.

Spousal Support (Alimony)

In Virginia, the court may order spousal support if one party has a need for support and the other party has the ability to pay support. Virginia Courts award spousal support based on various factors, including:

  • The duration of the marriage;
  • The financial and non-financial contributions to the marriage;
  • The needs and financial resources of each spouse;
  • The reason for the breakdown in the marriage;
  • The standard of living established during the marriage; and
  • The age and health of both parties.

Depending on the circumstances, spousal support can be temporary, rehabilitative, or permanent.

Steps to Filing for Divorce in Virginia

Step 1: Residency

At least one spouse must reside in Virginia for at least six months before filing for divorce.

Step 2: Grounds for Divorce

Determine whether you will file for a no-fault or fault divorce.

Step 3: File the Divorce Petition

The spouse initiating the divorce files a complaint with the court.

Step 4: Serve the Divorce Papers

The other spouse must be formally notified of the divorce petition.

Step 5: Negotiation and Settlement

Many divorces are resolved through negotiation or mediation without going to trial. Agreements can cover property division, child custody, and support. If the parties have an agreement, in most cases, a final decree can be submitted for entry without the need for a Court appearance.

Step 6: Attend Final Trial

When parties are unable to reach an agreement through negotiation or mediation, the parties must attend a final trial where each party presents their case to a judge.

How Mediation in Divorce Works

Mediation can help couples settle disputes amicably without going to trial. A neutral third party helps both spouses reach mutually beneficial agreements regarding:

  • Division of property;
  • Custody and visitation schedules; and
  • Support obligations.

Mediation is often less expensive, faster, and less adversarial than litigation.

Partner With a Divorce Attorney Today

Searching the Internet for a divorce attorney near you? At M. Rogers & Associates PLLC, we understand that every situation is unique. Our goal is to provide reliable, clear, and accurate information to guide you through the divorce process. Whether you need legal advice, seeking mediation services, or want to learn more about your rights and responsibilities, we're here to help.

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    Disclaimer

    The content on this website is for informational purposes only and is not legal advice. Please consult a licensed attorney in Virginia for advice specific to your situation.

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