Divorce In Virginia Child Custody Fairfax Beach Lawyers

Given the proportion of marriages ending in divorce, a person may be affected to some degree by separation or divorce. Unorganized marriages often involve property rights and financial problems, especially when it comes to children, which can raise complex legal issues.

What is the requirement for divorce in Virginia?

At least one spouse must live in Virginia for six months before the spouse can apply for divorce in the state. If you live in Virginia for at least six months, members of the army should meet your residency requirements, including on board a Virginia harbor ship, or at an Air Force, Navy or military base controlled by a federal agency in Virginia. Members of the armed forces deployed outside the United States may reside in Virginia for six months immediately prior to the commencement of diplomatic missions to meet their residence requirements.

What are the types of divorces in Virginia?

Divorce in Virginia according to the law can be divided into two types: fault and no-fault.

To have no-fault divorce in Virginia, you and your husband must live together (without a shared life) for at least a year. If you do not have minor children and have signed a valid separation agreement, you can only stay for six months.

However, fault based divorces in Virginia includes the following conditions that are seen to lead towards a divorce:

  • Adultery or any other sexual activity (especially homosexuality or sodomy)·
  • He was fined and sentenced to at least one year in prison·
  • Were deliberately abandoned or abandoned·
  • Reasonable fear of physical injury.

Each ground fault requires a very specific guide, and some defensive measures must be available. For example, a guilty couple voluntarily living with a convict husband after convicting a guilty of a felony or an unlawful act would not be able to file a divorce complaint on those grounds.

Although complexity is more than dismissal, evidence of neglect can in some cases affect the division of marital assets or maintenance. If you think it might be helpful to choose the wrong location in your case, contact a lawyer for advice.

Why are attorneys required for divorce proceedings?

If your situation is fairly simple and you and your wife agree that you can represent yourself, this is what is called a “pro se”. If you decide to represent yourself, the judge wants you to follow the same rules that lawyers must follow. However, there are more complex situations, such as emotional guard battles or complex financial analysis. Even simple cases require the development of legal documents and settlement agreements, preferably by experienced ones. Therefore, it is always better to obtain legal advice because decisions made at the time of divorce will have significant long-term consequences that may not be clear. Even if you agree with everything, you and your spouse can not use the same lawyer.

The Virginia Court System maintains a list of circuit courts in Virginia that contains background information, including the court clerk’s telephone number and e-mail address. The current cost of filing a petition for divorce in Virginia, including services for sheriffs, is generally not more than $ 100.

Divorce in virginia
Final Decree

A skilled Law Offices of SRIS P.C. family law attorney can help you understand some of the complications that often arise in the different areas of domestic relations law and the potential pitfalls that may be prevented or minimized as a result of obtaining our help.

What are the Grounds for a Dissolution of Marriage?

There are two types of an ending of marriage: bed and board (a mensa et thoro) and an ending of the bond of matrimony (a vinculo matrimonii). A bed and board is a limited dissolution and while the husband and wife are legally separated from each other, they are not permitted to remarry.  A ending of the marriage from the bond of matrimony is a complete and absolute end.

For A Bed and Board, the moving party must prove one or more of the following:

  • Willful desertion or abandonment
  • Cruelty and reasonable apprehension of bodily harm

From the Bond of Matrimony

Separation—the “No Fault”

A “no fault” from the bond of matrimony is granted when one of the parties proves that the husband and wife have lived for more than one year separate and apart with the intent to remain permanently separate and apart and without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minors from the marriage, the time period is reduced from one year to six months.  A no fault does not automatically mean that it is uncontested.

Adultery, sodomy, or buggery

Proving adultery is very fact-specific and is very hard to do. The evidence for proving adultery must be done by clear and convincing.  Sodomy is a sexual act, other than intercourse, such as oral or anal sex. To be grounds for ending the marriage, the adultery must be committed with someone outside the marriage. Buggery is bestiality or a sexual act against nature.

Conviction of a felony

Whether you need a help in Fairfax or Loudoun, our law firm can help you.  We have advocates who can help you in Fairfax or Loudoun.  Call today to speak with a family law counsel from our firm today.

Child Custody

Another aspect of ending the marriage is the possibility that you might need to deal with the custody laws and how these will apply to your case.  Quiet often when parties end a marriage, they also have offspring and this may result in a dispute as to who gets the most valuable asset of the marriage.  Our advocates assist clients with cases involving minors and help clients get through the process of a parenting determination.

Although our firm frequently represents fathers in these types of cases and helps them understand how the rules apply to fathers, we also represent mothers who need help with these types of cases.  It is important that your lawyer can view the case from multiple angles.

The following are some of the issues a person going through a domestic relations case may encounter:

  • Property Rights
  • Spousal Support/Alimony 
  • Custody/Visitation
  • Support
  • Property Settlement Agreement
  • What is the Cost ?

The attorneys assist clients with family law matters.

The following are some of the questions our clients ask us:

  • How long will it take to have a marriage dissolved?
  • How will the laws apply to my case?
  • If I am filing to end the marriage, how much will it cost me?
  • Are all counsel  the same?
  • Does your firm have advocates in Virginia Beach?
  • What grounds should we use when we file?
  • How do we use  20-107.3 to our advantage?
  • Which process do we need to use to get through a contested proceeding?
  • What is a no fault ending of the marriage??
  • How does the court make a parenting determination?
  • How many cases have you handled?
  • Do the Virginia rules favor fathers?