Filing for Divorce in Virginia
Divorce is a difficult process that can be emotionally and financially taxing for all parties involved. If you are considering filing for divorce in Virginia, it is important to understand the legal steps involved in order to navigate the process smoothly. As an experienced contested divorce lawyer in Roanoke, Virginia, I am here to guide you through the process and help you achieve a favorable outcome.
Before filing for divorce in Virginia, it is important to meet the residency requirements. Either you or your spouse must have been a resident of Virginia for at least six months prior to filing for divorce. Once you meet the residency requirement, you can file for divorce in the circuit court of the city or county where either you or your spouse resides.
Grounds for Divorce
Virginia recognizes both fault-based and no-fault grounds for divorce. In a no-fault divorce, you can file for divorce based on the grounds of living separately for a certain period of time. If you and your spouse have been living separate and apart without cohabitation for at least one year, you may file for a no-fault divorce. On the other hand, if you wish to file for a fault-based divorce, you can choose from several grounds including adultery, cruelty, abandonment, or felony conviction.
Divorce Process
Once you have met the residency requirements and determined the grounds for divorce, you can begin the divorce process by filing a complaint for divorce with the circuit court. You must also serve the complaint and summons on your spouse, who will then have a certain amount of time to respond. If your spouse contests the divorce, the case may proceed to trial where a judge will make a decision on issues such as custody, support, and property division.
Child Custody and Support
In cases involving children, child custody and support are often the most contentious issues. In Virginia, child custody is determined based on the best interests of the child, taking into consideration factors such as the relationship between the child and each parent, the child’s preferences, and the ability of each parent to provide for the child’s needs. Child support is calculated based on the Virginia Child Support Guidelines, which take into account each parent’s income and the needs of the child.
Property Division
Virginia follows the equitable distribution model for property division, which means that marital property is divided fairly but not necessarily equally. Marital property includes property acquired during the marriage, such as income, real estate, and retirement accounts. Separate property, such as property acquired before the marriage or through inheritance, is not subject to division. A judge will consider various factors when dividing marital property, such as the contributions of each spouse to the marriage and the length of the marriage.
Spousal Support
In some cases, one spouse may be entitled to spousal support, also known as alimony. Spousal support may be awarded based on factors such as the financial needs of the receiving spouse, the ability of the paying spouse to provide support, and the standard of living established during the marriage. The amount and duration of spousal support are determined on a case-by-case basis.
Conclusion
Getting a divorce in Virginia can be a complex and challenging process. It is important to work with an experienced contested divorce lawyer who can guide you through the legal system and advocate for your interests. If you are considering filing for divorce in Virginia, contact the Roanoke divorce lawyers at Magee Goldstein to schedule a consultation and learn more about how we can help you navigate the divorce process.
