Divorce Laws in Virginia
In Virginia, there are two different types of recognized divorce. The first is a divorce from bed and board, which is given when a husband and wife are legally separated but aren’t permitted to remarry. They may ask the court to merge this decree into a divorce after at least one year from the date of separation. The second type is a divorce from the bonds of matrimony.
The grounds for this divorce is that the couple have been living separate and apart for one year or six months when the following conditions apply, such as there are no children if adultery, sodomy or battery that has occurred, or if a felony conviction occurred, or if desertion/abandonment for a year occurred, or cruelty/apprehension of bodily harm after one year of the date of the acts occurred. The court can grant a spouse the ability to change their last name to their former or maiden name if they desire during divorce proceedings as well.
About Spousal Support
Spousal support can be awarded during divorce, whether to be applied temporarily or permanently. The court is required to consider both the need and the ability to pay off each of the spouses. A divorce attorney can negotiate this amount so that the spouse gets a fair living wage to live on while adjusting to their new life.
Yes, under certain circumstances, an annulment can be given. An annulment is a court decision that marriage wasn’t legal from the start. This can include situations where the following scenarios may have occurred, such as someone is still married to someone, the two people are close relatives, one person is under the statutory age, mental defect or insanity, duress, felony conviction unknown to the other partner before marriage, pregnant with someone else’s child or a father had a child born to someone else within ten months from the date of the marriage.
Filing for Divorce
One of the parties of the marriage must have lived in Virginia for six months or more before filing a complaint about divorce in that state. A divorce attorney can assure that you have the proper residence requirements before filing this in court. This is a critical requirement and needs to be managed correctly; this is not the time to leave the paperwork to chance. A legal consultation with an experienced attorney will handle this aspect of the case for you correctly at all stages of the divorce proceeding.