Divorce, also called dissolution of marriage, is usually painful and stressful. In Virginia State, similar to in most states, there are laws and procedures that stipulate how the marriage might be legally dissolved. These laws and requirements, for whosoever may be considering divorce in Virginia, should be understood.
Grounds for Divorce:
Virginia allows both fault-based and no-fault divorces. Fault-based divorces include adultery, cruelty, abandonment, or being convicted of a felony. No-fault, based divorces are regarded when spouses are living separately and apart without cohabitation for a specified period, mostly one year if they have no minor children, and six months if there are.
Residency Requirements:
To file for divorce in the state of Virginia, one of the spouses needs to be a resident for at least six months prior to the filing. Also, if the grounds for divorce occurred outside of Virginia, either spouse has to be a resident for at least one year.
Legal Separation:
As discussed earlier, living separately and apart without cohabitation is one of the grounds for a no-fault divorce in the state of Virginia. Legal separation is achieved through a written separation agreement, where both spouses agree to separate and apart, laying down the rights and obligations of each spouse, such as issues to do with property division, child custody, and support.
Filing for Divorce:
The divorce process in Virginia is initiated when one of the spouses, known as the plaintiff, files a complaint for divorce with the circuit court in the city or county where either spouse lives. The complaint needs to include the grounds for divorce and any other relevant issues like child custody, support, and property division.
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