In the state of Virginia, couples can file for what’s called a ‘no-fault divorce’. The state also recognizes fault – or contested – divorces, where one spouse accuses the other of a ‘fault’, which could be adultery, abandonment, or cruelty. However, if you and spouse can come to an arrangement on most things and agree on a separation agreement, you can file for uncontested divorce.
While seeking legal help is not mandatory, it is still wise to hire an attorney for your no-fault divorce case. Having a Virginia no-fault divorce attorney just simplifies the whole process, minimizes the paperwork you need to handle, and still protects your interests.
In this post, we will discuss more about a no-fault divorce in Virginia.
What Exactly is a No-fault Divorce?
A no-fault divorce is where neither of the spouses need to prove any wrongdoing by the other. In Virginia, no-fault divorces are granted on separation. To qualify for such an uncontested divorce, the couple must be living apart for at least a year, and this should be a continuous period, without any pauses or periods of co-habitation. If there is no minor child involved, you may get the period slashed to six months of separation, but a separation agreement must be signed.
Requirements For an Uncontested Divorce
Besides the basic requirement that you and your spouse have been living apart for 12 months (6 months in some cases), you must also fulfill residency requirements. Either of the spouses must have lived in the state of Virginia for a period of at least 6 months, before filing for divorce. One of the key aspects is to prepare the separation agreement, and for that, we strongly recommend that you hire a no-fault divorce attorney in Hampton, Virginia. They can draft the documents, offer necessary consultation to protect your rights and interests, and their involvement can speed up the process considerably. The separation agreement basically outlines how assets, properties, & debts are divided, with other things like child support, child custody and spousal support.
Once all that is done, you or your spouse can file for the divorce. An oral hearing may be requested in some cases, and if all documents are in place and filed as per due process, the Final Order of Divorce will be signed by the judge. That finalizes your divorce.