When it comes time to end a marriage, you will need to know the basics of divorce in Virginia if you are going to protect yourself. Divorce is a touchy subject, but sadly it is part of our lives in America today. Often it's just not possible to get along. There are many different factors that you should take into consideration before filing for divorce that you may not have even thought about, such as: the grounds for divorce, dividing the property, and alimony.
In Virginia, either spouse may file for a divorce under the grounds of irreconcilable differences if the parties have been living apart without cohabitation for a period of no less than 1 year. In the case that the couple has no children and have filed a legal separation, then the divorce may be granted if they have been separated for a period of at least 6 months. Of course, spouses may not always agree to the divorce. If this is the case then there must be proper grounds such as the following: adultery with either gender, conviction of a felony during the marriage, cruelty, bodily harm, and willful desertion and abandonment.
| If may have legal questions or need legal help regarding an upcoming Divorce, consult with a Divorce Attorney in your area to discuss your options. |
Divorce in Virginia requires all property gained in and before the marriage to be marital property. If you and your spouse can't agree on how things will be separated, then the court will seek to divide the property in a manner that it finds fair. Not all property is marital property though; here are some exceptions: property acquired before the marriage, gifts and inheritances acquired during the marriage, property gained that was traded for separate property, and an increase in the worth of separate property. When deciding how the property will be split, the judge must take plenty of factors into consideration such as the length of the marriage, and the contributions each party made to the family throughout the marriage.
If you or your spouse is eligible for alimony, the court will decide how much is to be given on the following factors: reason for the divorce, obligations and needs of both parties, duration of marriage, how long the marriage lasted, standard of living, age and physical condition of the parties, contributions of each party, property interests, how property was divided during the divorce, earning capacity and education of both parties, etc.
For more information about your specific situation, contact a divorce attorney in your area.