Any individual who has been a resident of Virginia for at least six months before filing for divorce can file for divorce in Virginia.
Either spouse may file for divorce in Virginia if they have been living separately for one year or if there has been adultery or abuse during the marriage.
Yes, Virginia requires parties to be separated for a certain period of time before filing for divorce. The separation period can be either six months with a separation agreement or one year without a separation agreement.
Virginia is not a community property state. Instead, it follows the principles of equitable distribution, which means that marital property is divided fairly and equitably between the partners in a divorce. This involves determining the value of all marital assets, including real estate, personal property, financial accounts, investments, and retirement accounts. The process also includes evaluating the financial needs of each partner and the length of the marriage, among other factors, to ensure an equitable division of property. In Virginia, marital property is divided regardless of who earned it or whose name is on the title. Separate property, such as property acquired before the marriage or through inheritance, is not subject to division.
The total cost of divorce varies depending on several factors, such as the complexity of the case and whether the couple can agree on the terms of the divorce. In Virginia, filing fees alone can range from $86 to $406, depending on the county. Other costs may include attorney fees, mediator or collaborative divorce fees, and court-ordered assessments or evaluations. Overall, the cost of divorce can range from a few thousand dollars to tens of thousands of dollars.
The amount of time it takes to obtain a divorce in Virginia can vary depending on the circumstances of each case. In Virginia, the minimum waiting period for obtaining an uncontested divorce is six months from the date of separation. However, if the divorce is contested, or if there are issues to be resolved such as child custody and property division, it could take significantly longer. The duration of a divorce case can range from several months to a few years depending on the complexity of the case, the cooperation of the parties involved, and the court's schedule. It is important to consult with a Virginia divorce lawyer for specific information on how long your divorce is likely to take based on your individual situation.
Child custody in Virginia is determined based on the best interests of the child. Factors that may be considered in reaching a custody determination include:- The age and physical and mental condition of the child- The child's relationship with each parent- Each parent's ability and willingness to care for the child and meet their needs- Each parent's employment and financial resources- The child's preferences, if they are mature enough to express them- Any history of abuse or neglect by either parent- The geographic proximity of the parents' homes- Any other relevant factors related to the child's well-beingVirginia courts generally prefer to award custody jointly to both parents, unless there is evidence that one parent is unfit or that joint custody would not be in the child's best interests. In cases where joint custody is ordered, the court will typically designate one parent as the primary physical custodian (i.e. where the child primarily resides), while giving both parents legal custody (i.e. the ability to make decisions about the child's upbringing).