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Lutins & Pilgreen, PC - Family, Criminal law
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An overview of divorce laws in Virginia

If you are considering filing for a divorce, one of the most important things that you will need to consider is whether you have grounds to file. Whether you will be able to file will depend on the state you are filing in and the conditions of your marriage.

Every state has different laws when it comes to divorce and the grounds for filing. Therefore, if you are intending to file for divorce in Virginia, you should have a good understanding of the grounds for divorce as well as the possible defenses. The following are some of the key divorce laws that you should be aware of in Virginia.

Residency requirements

It’s not possible to simply file for divorce in Virginia because you prefer the laws to the state you reside in. To successfully file for divorce in Virginia, one party needs to be a resident and domiciled in Virginia for the six months proceeding the filing.

No-fault divorce

It is possible to file for a no-fault divorce in Virginia. This means that divorce can be filed without one spouse explicitly blaming the other spouse for the breakdown of the marriage. A no-fault divorce can facilitate a more amicable divorce process and may generally reduce toxicity between divorcing spouses.

In order to file for a no-fault divorce in Virginia, you must have been separated for at least one year. This period can be reduced to six months if you are able to agree on a settlement and if you do not have any minor children together.

Fault grounds for divorce

Some divorcees want to attribute blame to their spouse when filing for divorce. Depending on the situation, an at-fault divorce could give the spouse filing an advantage, particularly when it comes to child custody arrangements. Grounds for divorce in Virginia include adultery, cruelty, caused fear of bodily harm, and conviction of a felony with more than one year of confinement.

If you are considering filing for a divorce in Virginia, choosing to conduct early an extensive research on the divorce laws and the options available can help you to get an advantage. Being proactive in your approach could help you to have the upper hand and gain more control over your situation.

J. Emmette Pilgreen IV
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