Fairfax Divorce Lawyer
If you are facing a divorce, you are facing a complicated legal process that is almost certain to also be emotionally draining. This is why it’s so important to head into divorce with a clear understanding of how the legal process works and with an experienced Fairfax divorce lawyer on your side.
Factors that Are Somewhat Unique to the Commonwealth of Virginia
There are certain factors that are somewhat unique to Virginia divorces that you should be aware of, and they include:
- One of you – either you or your divorcing spouse – must have lived in the state for at least six months prior to filing for divorce.
- You and your divorcing spouse must live separately for at least a year prior to filing for divorce. If you have no shared minor children, however, this requirement is reduced to six months.
- Virginia law does not address legal separation. Therefore, you are married until you are divorced.
- A property settlement agreement (PSA) – which is a legally binding contract that focuses on divorce-related terms – can help you achieve something close to legal separation and can help guide your period of mandatory separation forward toward a less hotly contested divorce.
Your Divorce Terms
While your divorce will be anything but ordinary to you, the terms that every divorcing couple must address include the following ordinary basics:
- The division of your marital property
- Child custody and visitation
- Child support
- Spousal support (what you may think of as alimony)
Each of these terms that applies to your divorce represents an important financial or parental right that should receive the necessary legal attention.
Fault-Based Divorce
While many states have moved away from divorces that are based on fault, Virginia allows you to pursue a divorce that is based on your spouse’s wrongdoing. The majority of divorces in Virginia, however, are no-fault divorces. It is important to note that you must be able to specifically prove your spouse’s wrongdoing. The kinds of fault that rise to the legal level of causing divorce include the following:
- Your spouse committed adultery
- Your spouse was convicted of a felony, was sentenced to at least one year in jail, and spent some time behind bars as a result
- Your spouse caused you to reasonably fear that he or she would cause you bodily harm
- Your spouse willfully deserted or abandoned you
Whether or not your divorce should be fault-based or no-fault will depend upon both the circumstances involved and your divorce priorities. Your dedicated Fairfax divorce lawyer will help you make the right decisions for you in your given circumstances.
