DIVORCE VIRGINIA

July 72009

Posted in Divorce Arizona, Divorce Georgia, Divorce Illinois, Divorce VA, Divorce Virginia | No Comments »

Getting a divorce Virginia style 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 § 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 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. 

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DIVORCE GEORGIA - You need to take this into consideration

July 162009

Posted in Divorce Arizona, Divorce Georgia, Divorce Illinois, Divorce VA, Divorce Virginia | No Comments »

Divorce Georgia style gives you several considerations for what you may need in order to qualify for and get a divorce in the state of Georgia.
 
You or the person you want to divorce has to have been an official resident of Georgia for at least six months up to the time that you file the papers. If you have been serving in the military and stationed in or based out of Georgia for at least one year, you can also file for a Georgia style divorce in any county in the state containing or adjacent to a military base or outpost.
 
Georgia is neither a fault nor a no-fault state, as some states are. Instead, grounds for filing for divorce on fault or no-fault grounds depend on the particular circumstances.
 
If you can prove that the marriage is “irretrievably broken”, which is especially helpful if both parties agree on this, then that can qualify for divorce not less than 30 days after the person you wish to divorce receives the filing papers from whoever is delivering them for the court on your behalf (a police officer).
 
“Fault” divorce grounds can be complex in Georgia, so you need to know what those grounds are.
 
*If you find out that your spouse married you knowing that they are a blood relative close enough to be prohibited from marriage to you.

*You can prove that your spouse married you while mentally incapacitated, or that since that time your spouse has been afflicted with an incurable mental illness.

*If you’re the wife, you can prove that your husband was impotent at the time of marriage.

*Violence or fraud were used against you in order for your spouse to get you to marry them.

*If you are the husband, you can prove that your wife got pregnant by another man without your knowledge or consent.

*Your spouse has been an adulterer after s/he married you.

*Your spouse has deserted you for a continuous period of not less than one year.

*Your spouse has been convicted of a crime that has sentenced them to prison for not less than two years prior to your filing papers.

*You can prove that your spouse is an alcoholic and/or a drug addict.

*Your spouse is violent toward you with such severity that your health, wellness, or life is threatened if you remain in the marriage.
 
If you think you have grounds for getting a divorce Georgia style, it is imperative that you consult a lawyer who specializes in Georgia state divorce law, so that you file the right papers in the right place and you can be sure that you have grounds for divorce and can expect a fair settlement. Georgia is an “equitable distribution” state when it comes to assets and property, but equitable does not mean equal; it means what the court finds to be fair. Divorce Georgia style will require a lawyer to protect your interests, especially if you have children.

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DIVORCE VA - What you need to know

July 162009

Posted in Divorce Arizona, Divorce Georgia, Divorce Illinois, Divorce VA, Divorce Virginia | No Comments »

If you are considering getting a divorce, you have to understand the intricacies of a Divorce VA or in the USA for that matter. Remember that the United States is a federation of states, and within each state there are different laws regarding what grounds there are for legally getting a divorce and how to go about filing for divorce.
 
So, what do you need to know about getting a divorce in the United States?
 
*Each state has different divorce laws, as I said. Some of these laws may be just about the same from state to state, but many others will be different or have certain qualifying factors to them. You have to be sure that you know these laws before you proceed with divorce papers. Some states have laws that only require one of the two of you to have been a resident there for a certain time period.
 
*Different states have different residency laws. You might want a divorce, and you might even be separated legally from your spouse, yet be unable to get a divorce right away because of residency requirements from state to state. It’s important that you learn about military posting requirements, because most states have laws saying that if you have been stationed there for military service purposes for such and such a time, you can qualify for divorce in that state because of your posting.
 
*Be very careful about child custody laws. Different states’ courts will determine who gets the children if any are involved based upon different criteria. Traditionally, on a national level, it is easier for women to get custody of the children, or at least primary custody. However, states have different regulations concerning if and when a child under the age of 18 can petition the court to be permitted to go live with the other parent, and cases are taken on a circumstantial basis in most states. Don’t make any assumptions about what will make one parent get the children over the other.
 
*Different states have different laws concerning the distribution of property and assets in the wake of a divorce. You will need to be very up on these laws with respect to where you live. You also need to have every shred of documentation available that you can come up with regarding assets and property, because the court is only going to go on what you can prove. Make no assumptions about how this part of the divorce process will go until you know the state’s laws.
 
*Get an attorney. Don’t even think twice about it.
 
*If it’s at all possible, find counseling and save your marriage.
 
This is how it goes if you need to get a divorce VA or in the USA.

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