Common Questions & Answers About Divorce in Virginia

If you are contemplating divorce, it is important to consider all relevant aspects. Various factors can influence how a divorce pans out eventually for a couple, and it is absolutely critical to hire an experience divorce attorney for your case. You can check online for the best-rated Yorktown divorce lawyers. The first consultation with your attorney is particularly important, because you will gain a realistic idea of what to expect from the case.

In this post, we are sharing answers for common questions about divorce in Virginia.

  • ‘Do I really need a lawyer? My spouse has hired one’

There is something called “pro se”, which means you can represent yourself in the case. If both spouses agree on everything, it might be a good way to save money, but hiring an attorney is the best step forward. Also, the same attorney cannot represent the same two parties in a divorce in Virginia. In most cases, there are always points of contentions, so it’s best to have legal help. Your rights and interests have to be protected, for which your lawyer is critical.

  • ‘Can I apply for a “no-fault” divorce in Virginia?’

Yes, Virginia has included “no-fault” divorce in its laws. To apply for that, a couple must have lived separately for a period of at least one year. In some case, it could be reduced to six months. Note that the period of separation has to be uninterrupted, or in other words, you and your partner shouldn’t have lived together during that one year even for limited periods.

  • What are the grounds for divorce in Virginia?

There are varied grounds for divorce in Virginia. If a spouse has committed adultery, or has had relations with other people while being in the marriage, the other spouse can file for divorce. Other grounds include felony conviction and cruelty. Cruelty may refer to abandonment or even physical harm.

  • What is the procedure like?

The plaintiff – the spouse filing for the divorce – must file a complaint in the local Circuit Court with necessary fee required for filing. All details must be mentioned in the documents, including the grounds for divorce. Following this, the complaint with a legal notice or summons must be served to the other spouse. Once that’s done, the divorce process has initiated.

Check for the top Newport News divorce attorneys to get a fair idea of your case. Divorces don’t have to be complicated, as long as you have prepped well with your lawyer.