Virginia Military Divorce information. Frequently Asked Divorce Questions. We even pay your filing fees if we file on your behalf!
Online Divorce in Virginia
Take a moment to complete this brief questionnaire to determine whether you are a candidate for a Frugal Legal uncontested divorce. Virginia is focused on supporting the family and it is in direct contradiction to a claim that a married couple is separated when they are in fact living under the same roof.
For more information or to discuss the specifics of your case, speak with a qualified divorce attorney immediately if this is a course of action you intend to pursue. Make a well informed decision and do it right the first time.
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Only one spouse is required to be an actual bona fide resident and domiciliary of the Commonwealth of Virginia at the time of filing the complaint for divorce and for the immediately preceding 6 months. If proceeding with a Frugal Legal no fault divorce in VA, then this shouldn't be an issue. It's when the other spouse is opposed to the divorce that it becomes difficult. This can, of course, cost considerably more than a waiver or standard service within Virginia. At least one of the spouses should actually reside in Virginia. Living in another state is a sure fire way to signal to a court that a person is not a resident of Virginia.
Some simple things a person can do include obtaining a Virginia driver's license, registering a car in Virginia, registering to vote in Virginia, and establishing significant ties in the community. This isn't generally an issue; however, it makes sense to think through these things before proceeding. If residency is not a disputed issue, simply affirming under oath that you are an actual bona fide resident and domiciliary of Virginia should suffice.
If there is an official inquiry, you should be prepared to provide some of the evidence you collected in establishing your residency here in Virginia. With a Frugal Legal no fault divorce in Virginia, residency is detailed in your complaint, affidavit, and final decree. You should have no reason to appear in court to prove residency. Venue is the city or county where the actual court is located within the Commonwealth of Virginia.
As long as at least one of the parties resides in Virginia and there is no objection by the responding party defendant , a no fault divorce can be filed within any city or county located in Virginia. Upon objection to venue based on it being an inconvenient forum, the court will likely transfer the matter to another more appropriate venue. No fault grounds for divorce are appropriate where the parties do not seek a declaration from the court as to which party is at fault for the breakdown of the marriage. In other words, they're not in court to assess blame, just to deal with any remaining marital issues.
No fault divorce was first introduced as a cause of action for divorce in the United States in California back in , when then Governor Ronal Reagan signed it into law. It went into effect on January 1, From there, all other states followed suit, including Virginia. While it is likely responsible for reducing alleged incidents of collusion in divorce cases, it is arguably the single greatest cause for the increase in divorces throughout the United States over the past several decades.
Prior to the introduction of no fault grounds for divorce in VA, divorce litigants were left to allege their spouse did something that caused the marriage to fall apart. That something had to be an official fault based ground for divorce. If a fault based ground for divorce did not exist at the time, the court was without power to grant the divorce. Today, fault grounds for divorce are alleged with great frequency; however, many fault based suits for divorce end up settling at some point in the process.
Often times, this just means less money for the parties and more money for their divorce lawyers. If a settlement can be brokered upfront, it makes little sense to pursue a fault based claim for divorce in court. Fault based grounds for divorce in VA are outlined in Section of the Virginia Code: They include adultery or sodomy or buggery committed outside the marriage ; where one of the parties subsequent to the marriage is convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement; or where either party is guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other.
The period of separation required for no fault divorce in Virginia is one full year. In cases where the parties have entered into a written and signed marital and property separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed after just 6 months. According to Section Essentially, adultery is defined as sexual intercourse with a person not his or her spouse.
Sexual intercourse is defined as actual penetration to some extent of the male sexual organ into the female sexual organ. In other words, it may not be committed by same sex partners. Virginia recognizes a one year statute of limitations for adultery in criminal actions. In a divorce matter, there is a 5 year statute of limitations which essentially means you have 5 years to bring forth your claim. Failure to do that within this time period may bar a divorce on the ground of adultery Section of the Virginia Code.
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Update: There is a push in Virginia and other states that characterize adultery as a crime to instead treat it as a civil matter. The downside is that the accused will no longer be able to hide behind the veil of protection provided by the Fifth Amendment of the United States Constitution.
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The upside is that the accused will no longer be able to hide behind the veil of protection provided by the Fifth Amendment of the United States Constitution. I guess whether it is an upside or downside will depend on your perspective. In order to prove adultery, the moving party is required to prove a sexual relationship. He or she is required to provide that his or her spouse had sexual intercourse with another person. Having eyewitness evidence is clearly the best way to proceed; however, it is rarely available due to the secretive nature of adulterers.
At a minimum, there must be some corroboration of the testimony of a spouse to prove adultery. While Virginia does permit circumstantial evidence to prove an allegation of adultery, Virginia requires that proof be strict, satisfactory, and conclusive. It is not enough that he or she has a list of text messages or calls made by his or her spouse and a person of the opposite sex.
Maybe he or she even has a picture of his or her spouse eating lunch with another person of the opposite sex and kissing goodbye as they exit the restaurant.
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It may not enough. At a minimum, this should be a good indication that something more is going on. If this is the route you intend to take, make sure you get as much evidence as possible and that you seek the help of a qualified divorce lawyer immediately. Adultery can be used as a fault ground to obtain a divorce and has no required period of separation Section of the Virginia Code. That being the case, however, it can take as long if not longer to complete a divorce based on the fault ground of adultery.
Adultery can also cut off spousal support to an offending party unless doing so would constitute a manifest injustice Section B of the Virginia Code.
It may be considered in cases involving child custody and can also be considered in determination of equitable distribution of property Section Here are some of the things adultery cannot do. Adultery cannot be considered in determining the amount or duration of spousal support.
It cannot be used as a fault ground for divorce if the act happened more than 5 years before institution of the suit Section of the Virginia Code - Statute of Limitations. Spouses with multiple houses, cars, and retirement, savings, or brokerages accounts will spend more on divorce because of the financial analyses needed from attorneys, appraisers, and tax experts.
There's more to know about divorce in Virginia; you may find the following websites useful. Divorce in Virginia from Divorcenet. Your participation will help inform others about their situation and options before proceeding with their divorce.
Overview of Uncontested Divorces in Virginia
Skip to Main Content. Having Minor Children The most expensive category of divorce in Virginia is one involving children. Having a Dispute Over Alimony Whether or not minor children are involved, divorces in Virginia that involve a dispute over alimony also cost more than the average. Having Property Division Issues Divorces in Virginia where property needs to be divided cost more than the average, especially for high-net worth couples and couples who have to go to trial on their issues rather than settle them out of court.