Virginia Divorce Attorneys

Divorce Requirements

In order to obtain a divorce in the Commonwealth of Virginia, one of you must have lived in the state for at least six months prior to filing. In order to file a no-fault divorce in Virginia, you and your spouse must live separately and apart from one another for at least one year prior to your divorce. If, however, you have no shared minor children, this requirement is reduced to six months of living separately. Further, Virginia – unlike a number of 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 him or her to spend at least some time behind bars
• Your spouse willfully deserting or abandoning you
• Your spouse causing you to reasonably fear bodily harm

In order for your divorce to be fault-based, you will need to specifically prove the grounds involved.

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