Virginia Divorce Laws, need to know

Virginia Divorce Laws
Virginia divorce laws are fairly conservative compared to many other states, meaning it can be difficult to successfully file for divorce here. There are fewer legitimate grounds for divorce in Virginia than in most states of the U.S., and those that are covered are rather narrow. In this article we will delve into what qualifies as legitimate grounds for divorce in Virginia, as well as what happens after a successful divorce. In many divorce cases there will be issues of conflict such as the division of property, custody of children and ongoing payments to support the other spouse or any children. We will take a look at each of these relevant factors. Keep in mind that this article provides an overview and there are many finer details relating to various aspects of Virginia divorce laws.

First, let’s quickly look at the residency requirements for filing for divorce in Virginia. Virginia is a little unusual in this respect because it does not have a universal residency requirement – the requirement depends on the grounds for divorce and the circumstances leading up to filing. One spouse needs to have been resident in Virginia for a minimum of six continuous months before the divorce is filed. If the defendant in the case is a resident of Virginia, the case can be heard in the county in which they reside. If the defendant is no longer a Virginia resident, it can be heard in the plaintiff’s county – or it can be heard in the county wherein the two spouses last resided together. This last option is the default and will be the circumstances for the majority of divorces in Virginia.

Grounds for Divorce in Virginia
There are only four circumstances recognized by the Virginia court system as being legitimate grounds for divorce. One is a No Fault grounds, while they other three are based on actions taken by a spouse which have compromised the sanctity of the marriage.

The first instance in which you can file for divorce in Virginia is the situation wherein you and your spouse have been living apart for a period of a year or more, without any periods of living together in between. This is assuming you have minor children together – if you have no children together, or your children are grown up and no longer minors, you can file for divorce after only six months of living separately.

Now let’s look at the three Fault grounds listed in the Virginia divorce laws. The first of these is adultery. In Virginia, the divorce laws relating to adultery also refer to “sodomy or buggery” – in other words, homosexual intercourse outside of the marriage. These cases are usually fairly straightforward if the infidelity can be proved. This may involve hiring a private detective to gather evidence for your case before you file for divorce.

If your spouse has treated you cruelly or done anything to make you reasonably fear being physically harmed, you can file for divorce on this grounds. Likewise, if your spouse has intentionally abandoned you for a period of a year of more you can file for divorce – this grounds in known as desertion. The law stipulates that at least a year needs to have passed after this action before the divorce can be filed.

The other grounds for divorce in Virginia which needs to be mentioned relates to one spouse being convicted of a felony. If the spouse is imprisoned for one year or more, you can file for divorce on this basis – assuming you do not resume living with your spouse after their release from prison but before filing divorce papers.

Property Distribution
Property is one of the major concerns of anyone going through a divorce or considering filing. Like the majority of other states, Virginia uses the principle of equitable distribution to try to bring this issue to a fair conclusion when the spouses can’t agree on it themselves.

Equitable distribution means division based on criteria of fairness according to the law. Some of these criteria include the length of the marriage itself, the relative financial contributions each spouse has made to the family throughout the marriage, the age and health of each spouse, and potential tax issues for each spouse. There several other factors that can influence the courts decision which you should discuss with an experienced Virginia divorce lawyer.

Child Custody
As in all states Virginia gives primary importance to the best interests of any minor children produced by the marriage to minimize the emotional impact of the divorce. The court will determine custody and visitation rights according to guidelines such as the role each parent has played in the child’s life up to the present, the age of the child and each of the parents, the willingness of each parent to help maintain the child’s relationship with the other parent, and of course issues such as domestic violence or abuse on the part of either parent.

Spousal and Child Support
Spousal support is not ordered in every divorce case – child support is more common. Under Virginia divorce laws, spousal support is determined by factors such as the standard of living and conditions each spouse has become used to during the marriage, each spouse’s relative income and assets before and after the divorce, the length of the marriage, and decisions made during the marriage by each spouse in relation to focusing on family or pursuing education or a career. Child support is based on the Income Shares system, in which payments are determined based on a calculation on the combined incomes of both parents.

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