Filing For Divorce In Virginia: Process, Waiting Periods, & Asset Division

In this article, you can discover

• How to file for divorce in Virginia.
• Information about waiting periods and asset division.
• Important factors that influence child support and spousal support in Virginia.

How Do I File For Divorce In Virginia? Is There Any Benefit To Filing First?

To file for divorce in Virginia, you need to file a complaint for divorce that outlines the circumstances and facts on why you believe you are entitled to a divorce. While there aren’t any significant benefits to filing first, it does provide you with the opportunity to be the first person to testify at trial.

Does Fault Matter In Divorce Cases In Virginia?

Fault can play a role in divorce cases in Virginia, especially if you’re filing for a fault divorce. If you have fault, there’s a higher chance that the non-faulting party will receive a larger share of the marital assets. However, the type of fault and the degree of fault will also factor into the decision.

What Is The Divorce Process In Virginia?

Once you file a complaint for divorce, your spouse will file an answer (with or without an attorney). There will then be a period of discovery, during which requests for documents and interrogatories will be sent out to obtain evidence to substantiate the claims made in the divorce. After discovery, the case is set for trial, which typically takes place a year after filing. If you have children and want to be divorced on a no-fault basis, you need to be continuously living separately for more than a year.

Is There A Waiting Period For Divorce In Virginia? How Quickly Can I Get Divorced In Virginia?

Yes, there is a waiting period if you don’t have a fault basis. If you have children, the waiting period is one year. If you don’t have children and have entered into a property settlement agreement that disposes of all pending issues, you can file for divorce six months after separation. The amount of time it takes to get divorced depends on your specific circumstances.

How Are Assets And Debts Divided In A Divorce Case In Virginia?

Assets and debts are divided either through agreement or, if no agreement is reached, through an equitable distribution hearing. During the hearing, both parties will present their cases for why they should receive specific assets or debts. If there’s no fault, the court will typically divide everything equally.

Does Virginia Recognize Spousal Support Or Alimony? If So, Who Has To Pay?

Yes, Virginia recognizes spousal support or alimony, and the person making more money is typically required to pay the person making less money. If the parties have been married for over ten years, support may be permanent. For marriages lasting less than ten years, the court may order rehabilitative support, which lasts half the term of the marriage.

How Do Courts Determine Child Support In Virginia? Who Pays Child Support When Parents Are Divorced?

Both parents are required to pay child support, and Virginia uses child support guidelines that factor in each party’s gross income as well as the child’s needs (such as health insurance, daycare, and more). If both parties make the same amount, they will each pay 50% of the child support. If the incomes are different, each party will pay a percentage of their gross monthly income as support. The court will rarely deviate from the guideline support amount.

What Are The Mistakes People Make When Trying To Handle A Divorce Without An Experienced Divorce Attorney In Virginia?

Divorce cases can be complicated, and many pitfalls can occur when handling them. Without an experienced divorce attorney, you may not be able to present all the necessary information before the court and may end up losing out on assets or other important matters.

What Can I Expect During A Consultation With A Divorce Attorney?

During a consultation with a divorce attorney, you can expect to discuss the reasons why you’re seeking a divorce, the methods for obtaining one, and a rough estimate of what kind of award you may receive. The attorney may also ask for information regarding your children, income, and assets in order to begin crafting a complaint for divorce, depending on the actual separation date. The meeting typically lasts for around an hour.

For more information on Filing For Divorce In the State Of Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 775-1678 today.