Virginia Divorce Attorneys
When it comes to divorce, the financial ramifications alone are enough to knock you off balance. When you add the effects that divorce can have on your experience as a parent to the mix, it can be utterly overwhelming. The most important point to take away is that it is critical to carefully protect your parental and financial rights from the outset – with the professional legal counsel of an experienced Virginia divorce attorney in your corner.
Divorce Requirements
To obtain a divorce in the Commonwealth of Virginia, one of you must have lived in the state for at least six months before filing. To file a no-fault divorce in Virginia, you and your spouse must live separately and apart for at least one year before your divorce. If, however, you have no shared minor children, this requirement is reduced to six months of living separately. Further, Virginia – unlike many other states – does allow fault-based divorces, which can be predicated on any of the following:
- Your spouse’s adultery
- Your spouse has a felony conviction that resulted in a sentence of at least one year, and that caused them to spend at least some time behind bars
- Your spouse willfully deserting or abandoning you
- Your spouse causing you to reasonably fear bodily harm
For your divorce to be fault-based, you must prove the grounds involved specifically.
The Terms of Your Divorce
While your divorce will be unique to you, the basic terms you will need to negotiate with your divorcing spouse include (as applicable) all the following:
- The division of your marital property and debts
- Your child custody arrangements
- Spousal support (also called alimony)
- Child support
The Negotiation Process
If you and your divorcing spouse can negotiate terms in each category that applies to your divorce, you won’t need the court to make big-picture decisions on your behalf. Toward this end, however, you will not be left solely to your own devices when it comes to the difficult process of hammering out mutually acceptable divorce terms with your soon-to-be-ex. Your savvy divorce attorney will help you explore your options, engage in strategic negotiations, and move forward with increased purpose and confidence.
Alternative dispute resolution (ADR) options, such as mediation, are also available. Finally, negotiating terms isn’t something that is all or nothing. If you and your soon-to-be-ex can negotiate one or more of the terms that apply to your divorce, it is one less matter that you will need the court to address.
