For residents of Virginia, the commonwealth has made it easy to obtain an uncontested divorce online. This process allows couples who have amicably agreed upon the division of property, child custody and other decisions to avoid unnecessary litigation and save on divorce costs.
How can I get a quick divorce in Virginia?
The only grounds for which you can file for divorce immediately in Virginia is adultery. In cases of adultery (which is defined as a married individual having voluntary sex with another person), you can file for divorce immediately without waiting after a separation period.
Can I file for divorce myself in VA?
You can choose the do-it-yourself option, which requires finding or creating all of the forms you need, filling them out yourself, and following Virginia’s legal requirements for filing the divorce papers and taking the next steps.
Can you get a divorce in Virginia without going to court?
As long as you’ve met the requirements for beginning an uncontested divorce, you should be able to get your divorce decree not long after you’ve filed the necessary divorce papers. Usually, you won’t have to appear in court.
How long do you have to be separated before divorce in VA?
Guide to Separation in Virginia. Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children.
Do you have to wait 6 months to get a divorce in Virginia?
The only no-fault divorce ground in Virginia requires that you and your spouse lived separate and apart, with no interruption or sexual relations, for at least a year before you filed your divorce papers—or six months if you don’t have children and have signed a separation agreement. (Va. Code § 20-91(9) (2022).)
Can you get a divorce without the other person signing the papers?
While you do not have to obtain your spouse’s consent, you are still required to notify your spouse of your intention to get divorced.
What are the rules for divorce in Virginia?
- you and your spouse live separate and apart without “cohabitating” for at least one year; or.
- you and your spouse enter into a separation agreement, do not share any biological or adopted children, and live separate and apart without “cohabitating” for at least six months.
What is considered abandonment in a marriage in VA?
Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage. A spouse who leaves the home because both spouses have decided to separate does not commit abandonment. The other spouse did nothing to justify their abandonment.
How do you initiate a divorce?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
Is Virginia a no-fault divorce state?
Virginia has only one no-fault ground for divorce: separation. Couples who wish to qualify for a no-fault divorce must prove that they’ve lived separate and apart without cohabitation (sexual relations) for a continuous period of at least one year. (Va. Code § 20-91(A)(9) (2022).)
How long after a divorce can you remarry in Virginia?
After your Final Decree of Divorce is signed by a judge, your divorce is final. However, you must wait at least 30 days before getting remarried so that the deadline to appeal has lapsed. Bigamy is a criminal offense and can be a felony or misdemeanor in Virginia.
Is Virginia a 50 50 state when it comes to divorce?
Virginia is not a community property state. That means that there’s no automatic 50/50 split when you’re getting divorced and you’re trying to figure out what to do with your marital assets. A marital asset or marital property is anything that was acquired during the marriage.
Does adultery affect divorce in Virginia?
Adultery is not only a ground for divorce in Virginia, but it is also a Class 4 misdemeanor under Virginia Code § 18.2-365.
Is Dating while separated adultery in Virginia?
Virginia Does Not Recognize Separation While no law prohibits dating (note that dating does not mean sex) other people while you are separated from your spouse, it can affect the outcome of any pending or subsequently filed divorce and child custody proceedings.
What should you not do during separation?
- Keep it private.
- Don’t leave the house.
- Don’t pay more than your share.
- Don’t jump into a rebound relationship.
- Don’t put off the inevitable.
Does a husband have to support his wife during separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Who pays for divorce in Virginia?
Divorce Costs in Virginia: Who Will Pay? In a Virginia divorce, each party usually has to pay their own attorney’s fees. In some cases, one spouse may be required to pay the court costs and attorney fees for the other party. The judge makes this determination.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How much is a uncontested divorce in VA?
The divorce laws in Virginia provide for married couples to divorce in as a little as 2 weeks if all requirements are met. Our firm provides a 2 week uncontested divorce for $695 plus the court fees of $89. We also offer an uncontested divorce in Virginia which takes 5 weeks and costs just $495 plus $89 court fees.
Do you need grounds for divorce?
To obtain a divorce you must confirm that your marriage has irretrievably broken down. Irretrievably broken down means the marriage has ended permanently and cannot be fixed. If you are applying for a divorce, you will be asked to confirm that your marriage has broken down on the application form.
Does it matter who files for divorce first in Virginia?
No court will favor your submissions simply because you filed them before your spouse or ex-spouse. However, the answer is “yes” for two important reasons: (1) filing first means you can set the pace of the litigation, and (2) you get to speak first and last in the event your case goes to trial.
Can I divorce my husband without him knowing?
In every state, one spouse is able to file for divorce without the other’s involvement or approval. So, even if you can’t find your spouse, you can still file for divorce.
How do you divorce your husband when you have no money?
Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.
What happens if one spouse doesn’t want a divorce?
If you don’t want a divorce but your spouse does, you have few options if your spouse has made up his mind. You may try to talk through your issues as a couple, and you may consider marriage counseling or legal separation for a period of time. What’s most important, however, is not to be legally uncooperative.