Divorce in Virginia

Getting a divorce in Virginia can be a complex thing to understand. According to the state of Virginia Code – Title 8 – Sections: 8.01-261, “In suits for annulment, affirmance, or divorce, the county or city in which the parties last cohabited, or at the option of the plaintiff, in the county or city in which the defendant resides, if a resident of this Commonwealth, and in cases in which an order of publication may be issued against the defendant under ß 8.01-316, venue may also be in the county or city in which the plaintiff resides.”

In Virginia there are fault and no-fault divorce complaints that can be filed (in many states, this is called a “petition”, so in Virginia this is an important distinction that you need to know about).

For no-fault grounds, if the husband and wife have been separated and not had any sexual involvement continuously for one year, and you have at least one child, you can file on these grounds. If you and your spouse have a written separation agreement and there are no minor children involved as biological, step-, or adopted children, and you’ve been separated for at least six months before you apply for divorce, you can also get no-fault grounds divorce.

You can file on fault grounds in Virginia if:

*You can prove adultery or sodomy on the part of your spouse outside the marital agreement and without your consent.

*Your spouse has been convicted of a felony such that you have not lived with them or been able to have sex with them for at least one year before you filed for divorce.

*Your spouse has been “guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other” according to Virginia Code – Title 20 – Sections: 20-91

Also, you need to know that Virginia is an “equitable distribution” state, so your property will be divided up by the court in a way that the court finds to be fair–and this will not necessarily be an equal (that is, a 50/50) distribution of property and assets.

Not all divorce settlements in Virginia will end up awarding one of you with spousal support from the other.

The bottom line is, if you are going for divorce in Virginia, you will need to get a hold of a good Virginia state lawyer who understands the state laws and case precedents inside and out, so that your interests can be protected. Don’t try to do anything regarding divorce without a lawyer.

Question by deannecorona: HOW MUCH DOES IT COST TO FILE FOR DIVORCE IN THE STATE OF GEORGIA?
How much does it cost to file for divorce in the state of Georgia?

I am being abused by my husband I need to get out of the relationship.

Best answer:

Answer by David Salti
Its better if you ask a Lawyer this question on the phone, not all lawyers charge the same, get a phone of 2 or 3 lawyers, give them a quick call, have an idea of how much such a thing would cost.

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Question by Livingthedream: How do I fill for a divorce in Illinois?
Is it complicated, expensive, takes long?

Best answer:

Answer by Liz
Let’s see, how to fill for a divorce – hmmm – eat a hearty meal before you go to court? Don’t know how long it will take – how fast can you eat?

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Question by Alrozz: Is it true that VA Pensions cannot be used to settle divorce alimony?
In otherwords, if your disabled and drawing VA the Judge cannot use that money to award alimony?
The State of Georgia and yes I know I’m screwed. Ga is tough on awarding the spouse.

Best answer:

Answer by klbythebay@sbcglobal.net
which state ?

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Question by : What is the best divorce lawyer in illinois?
Please I am going through a divorce and I live in chicago,il any advice on good lawyers would be great.
I know there are many…. I would like a few names

Best answer:

Answer by RumRunners
there are many

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Question by Joe: Where can I get information about Georgia divorce law?
During seperation what property rights do I having left the house? Is everything jointly owned? My wife took my car.

Best answer:

Answer by Inquisitive1
A Georgia divorce lawyer.

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Question by justjenn: What forms to I need to file to get a no-fault divorce in virginia?
I do NOT need an attorney. We have amiably seperated and just want the process done. What forms are required???

Best answer:

Answer by olderbutwiser
My advice is to go to the Clerk of Court where you live, and ask them what forms you need, and what you plan to do. They can, and will help you!

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Question by : Can I get Florida divorce forms mailed to me for free?
I don’t have a printer and I can’t use the one at work for personal use so I need to have the forms mailed. I can’t go to the courthouse either because I’m sharing my roomates car while we work opposite schedules. Even if I could request information in the mail to look over and weigh out my options it would help.

Best answer:

Answer by nina3311
You can download them online. Howevr here is the catch. If you want to do the divorce by yourself. They wont let you see the judge until,you see a paralegal at the Self Help at the court,where they will sell you everything you need for about 50. So, no matter what you will still end up over there. I just went through this about 3 motnhs ago in Dade County. Im not sure it is the same every where. No matter what you buy online at the time you go file, they will ask you if you are doing it through a lawyer if not you need to have the stamp of the self help. Matter of fact you can download the forms online. but still make the appoinement with self help, it will cost 15 if you have everything prefilled out. It is a way to make sure everything is filled out correctly.

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Question by : Can I get florida divorce forms mailed to me for free?
I don’t have a printer and I can’t use the one at work for personal use so I need to have the forms mailed. I can’t go to the courthouse either because I’m sharing my roomates car while we work opposite schedules. Even if I could request information in the mail to look over and weigh out my options it would help.

Best answer:

Answer by Sumit K
To be frank I dont know much regarding this matter but u can click on this link for details. This will surely help u.

http://www.reviewlocator.com/reviews/surviving-divorce-divorce-survival-a-review-on-product-prepare-for-divorce/

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Question by jessc1234: My mom and stepdad are getting a divorce. In Illinois does anyone know if it is a 50/50 split? ?
She put a lot of hard work and money into the house and he doesn’t want her to have any of it. Can he take it all away from her? He is very secretive with his money and other things (she recently discovered he has another address he gets mail sent to) so she is afraid he is planning to make sure she gets less than what she deserves.

Best answer:

Answer by ∞infiniti∞
Not necessarily. Your mom needs to consult an attorney.

http://www.katzfamilylawoffice.com/PracticeAreas/Property-Division-Pension.asp

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Question by : Can you obtain a divorce in Virginia if pregnant?

My son’s so-called girlfriend has found out she’s pregnant. We have now found out she is already married. He wants to do the right thing “if this is his” but she’s not started divorced proceedings yet. Can she still obtain a divorce in Virginia if she is pregnant or does she have to wait until the baby is born?

Concerned Mom

Best answer:

Answer by Crazymom
Virgina is one of few states that actually leaves that decision up to a judge.
If you’re determined to get a divorce, separate and file after the baby is born.

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