Who Can Qualify For A Divorce Petition In Virginia?

Divorce can be mentally draining due to the practical and psychological difficulties associated with ending a marriage. It also necessitates navigating the judicial process and completing numerous steps. Most importantly, divorce generally involves financial concerns and considerations about your children, which might lead to legal disputes.

The process of getting divorced may appear overwhelming, but it does not always have to be complicated. Consultation with a family law attorney can assist individuals in preparing to learn how the procedure will unfold and what to anticipate. 

With The Irving Law Firm, you can go through your divorce in Virginia as stress-free as possible. Working with a divorce lawyer in Manassas may be your ideal route.

Can Anyone File For Divorce?

Yes, anyone can qualify for a divorce filing in Virginia. You may file for marriage dissolution as long as you adhere to the state’s guidelines.

You must fulfill your state’s minimum standards for how long you or your partner should have resided in the state before submitting a divorce application. You are eligible for divorce in Virginia, provided you and your spouse lived in the state for no less than six months prior to filing a divorce petition with the judge.

It is crucial to keep in mind that gay and lesbian couples are granted the same rights under the law as opposite-sex marriages when it comes to divorce. 

However, same-sex divorce can be complicated, especially for married people who inhabited together before same-sex marriage became lawful. They may have to deal with issues such as the division of assets, child support and custody, and settlement negotiations.

You must provide a legally recognized explanation or ground for divorce. No-fault divorce is available throughout every state. It implies you have no obligation to explain to a judge why your marriage is ending, just that neither partner wishes to remain wedded.

Some jurisdictions have fault-based divorce reasons as well. In contrast to no-fault divorce, it allows you to chastise your partner for the failure of your marriage. The possible explanation could be that they committed a specific form of misconduct, such as infidelity or violence. 

Nevertheless, filing for a fault-based divorce can result in contentious legal disputes, and the added stress and expense are rarely worth it.

How Do You File For Divorce?

Petitioning for divorce in Virginia entails submitting specific forms to your municipal circuit court. Each county has distinct guidelines and documents. Hence, it is ideal to acquire the relevant paperwork from your local courthouse in person as well as from their official website. 

The divorce procedure occurs with the filing of such forms. The spouse must be “served with the documents after filing for divorce.” This term implies receiving copies of the divorce paperwork filed to provide them with adequate notice of the divorce application, also known as “service of process.”

You should provide your settlement agreement when submitting for an uncontested divorce. You ought to include a planned final signed document corresponding to your arrangement’s terms. Both spouses must sign the agreement and proposed decree.

Having your partner consent to rescind the service of the divorce documents is the simplest method of moving forward with an uncontested divorce. In the witness of a notary, your spouse must fill out and sign the Acceptance/Waiver of Service of Process.

The judge will determine the following stages after filing for divorce depending on how the preliminary documents were served. Another consideration includes whether your petition is contested or uncontested. 

In a contested divorce, your partner must respond to the dispute within 21 days of service. The lawsuit will typically go through discovery and a few other court proceedings. The legal process of obtaining relevant data from the other partner and collecting evidence, such as professional reports, is known as discovery.

In an uncontested divorce, you may be capable of completing the divorce without court proceedings. You can simply issue an affidavit and other documentation. Divorce proceedings typically require extensive paperwork and recordkeeping; therefore, seeking the assistance of a family lawyer is beneficial.

Summary

Anyone can file for divorce in Virginia, given that they have been a permanent resident of Virginia for at least six months before filing. If the pair has minor children, they should have completed the separation period of one year before seeking a divorce. 

Suppose the pair do not have minor children. In that case, they could file for divorce after six months of living apart. It only counts if both partners enter a separation agreement outlining how assets will be distributed.

Each state in Virginia is unique in its guidelines and documentation, so it is ideal for getting legal advice from a knowledgeable attorney. Regardless of whether you are going through a disputed or unchallenged divorce, The Irving Law Firm team can guide you through your legal protections and possible alternatives at every step. 

The firm takes pride in ensuring clients know their viable options and logical routes in facing divorce. Doing so allows them to come up with a well-informed choice about how to proceed with their situation. Call the divorce lawyers at The Irving Law Firm today!

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