Virginia

Divorce Residency Requirements To Get Divorce In Virginia

There are residency requirements to file for divorce in the State of Virginia, whether you file with or without an attorney. When you file for a divorce without a lawyer in Virginia, at least one of the spouses must have been a resident of the state for six months or longer.

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Reasons For Divorce In Virginia

The no-fault ground for divorce in Virginia is “living apart and separate without cohabitation” for at least one year. This can mean living in the same home, if spouses are sharing a residence for monetary issues or because of shared childcare.

There are many fault-based divorce options which include adultery, felony conviction, cruelty, and long-term imprisonment.

Custody Of The Children In Virginia

The concept of joint “legal” custody, giving both parents the right to be involved in the decision-making process for major child-rearing choices, is supported by the Virginia State Court. Joint legal custody doesn’t always mean equal time spent among both parents. As long as the child’s best interests are kept at the forefront, the court will usually approve the custody agreement reached by spouses.

Virginia Child Support Guidelines

The standard Virginia child support guidelines apply in almost every uncontested divorce case unless there are exceptional circumstances present. These guidelines take into account both parties’ gross incomes and some of the child-rearing expenses. In most cases, child support will extend until at least the child or children’s 18th birthday, and it may last until secondary education has been completed.

Divorce Mediation

When there is a divorce pending, either party can file a motion to request mediation of any or all disputed issues. These issues could include child support, child custody or questions regarding personal property. By obtaining arbitration before divorce proceeds, it can assure the divorce goes through as an uncontested case rather than forcing it to be filed as a contested divorce that would need to go to court.

Filing Fees

The fees charged to use Divorce.com to generate divorce forms are in addition to the fees charged by local courts for filing the divorce papers in the court system. The filing fees can and do vary from county to county. For more information about these fees, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.