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If your marriage is ending and you want to move your separate ways, then it will require two things: (1) that you and your spouse agree to get divorced, and (2) that you and your spouse have worked out all issues in terms of ending the marriage. If you and your spouse cannot agree on spousal support, child support, child custody, division of property, or any other issue related to the marriage, then the dissolution cannot be called “not contested,” and you will need to resolve the disputed issue(s) in court. In a nutshell, an to obtain a mutually non contested dissolution, there must not be any unresolved issues.
If all potential disputes are resolved between the parties, then you may qualify for one of two types of dissolution of marriage in the Commonwealth. The two types are known as a “6-month” and a “1-year” process.
To qualify for a 6-month dissolution, you and your spouse must have lived separate and apart for at least 6 months, and during that period you must have intended to remain separate and apart forever. Additionally, to qualify for a 6-month dissolution, you and your spouse must have entered into a written Property Settlement Agreement (“PSA”) detailing your agreement as to who will get what property after the marriage ends. You cannot qualify for a 6-month dissolution, if you and your spouse have minor children (under 18 years old).
Even if you do not qualify for a 6-month dissolution, you may still qualify for a 1-year dissolution. This allows a spouse to seek a dissolution even if you have minor children or if you do not have a PSA.
Unlike the 6-month separation, before you can move for a 1-year dissolution, you and your spouse must have lived continuously separate and apart for one year with the intention of living separate and apart forever.
Please contact us if you wish to file for an mutually agreed to ending of the marriage with no issues pending. We have client meeting locations in Fairfax, Prince William, Loudoun, Fredericksburg, Richmond, VA Beach and Lynchburg County.
The following are some of the questions clients ask us when they talk to us about an amicable dissolution of the marriage:
- Can I get a cheap dissolution in the Hampton Roads/Tidewater Area?
- Do all lawyers in the Hampton Roads/Tidewater Area charge the same price?
- What is the process to obtain a mutually agreed dissolution of the marriage?
- What do I need to do for a dissolution and what are the laws?
- Can you help me get a non-contested dissolution of marriage in Northern VA?
This discussion is an overview of the uncontested divorce process of Virginia and the summary of divorce papers is usually deposited with family law or a home relations clerk. This review is not intended to be an accurate step-by-step approach to do it yourself divorce because many cases are unique and the review presented here is often not the only way to “get an uncontested divorce.”
For divorce or legal separation in Virginia, a spouse must be an actual resident and a good-will and a resident of the Commonwealth for at least six months prior to filing the complaint. Persons in the army who are in service in the Commonwealth for at least six months are residents of Virginia. The uncontested divorce may be lodged in (1) the district or city where the spouses live together or 2) at the option of the plaintiff in the district or city where the accused resides, if the resident is a member and legal resident of the state in which the divorce is being filed. In Virginia, the deceased’s wife is called the Plaintiff. The respondent is called the spouse’s defendant. The actions can be taken by the district, court, special and family relationship, or the family court. Before the filing of divorce a filer have to live together for 1 or two years, and lived as a single parent and six months apart, and the husband / wife entered into a segregation agreement. The reasons may be: 1) adultery (including homosexuality), 2) leaving of the house, 3) 1 year imprisonment and imprisonment, 4) cruelty, and 5) deliberate crimes.
Virginia has a simple definition. The spouses are separated for six months and the defendant may take the action by restricting the claimant’s claim against the court. In this case, all other credentials of another spouse must be a witness.
Like other countries, Virginia seeks so-called “diligent research” to determine where a man cannot or can be found. After such an attempt, the plaintiff may serve the defendant by publishing it. This requires the person complaining to provide a written establishment by means of publication. After the court received it, the plaintiff must prepare an order for publication. After the order has been approved, the order clerk publishes the order in a newspaper where the missing spouse can see it. On the other hand a consented divorce is one where the judge decides for divorce members that they cannot decide between themselves. The tragedy of a consented divorce begins with the filing of the Complaint, but the course is impossible to predict because both parties regularly maintain negotiations while preparing for trial. If action is taken, the case is conducted as a civil action under the laws of evidence. This means that the parties cannot bear witness to their personal knowledge, except that anyone can testify of what his or her spouse said. Contested divorces that are being heard are expensive and aging, and good divorce advisors work significantly to avoid them if possible.
THE FOLLOWING ARE SOME OF THE RULES:
- § 20-91. GROUNDS FOR DISSOLUTION FROM BOND OF MATRIMONY; CONTENTS OF DECREE.
A. A dissolution from the bond of matrimony may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
Click on above link to read more.
- § 20-94. EFFECT OF COHABITATION AFTER KNOWLEDGE OF ADULTERY, SODOMY OR BUGGERY; LAPSE OF FIVE YEARS.
When the suit is for dissolution of the marriage for adultery, sodomy, or buggery, the dissolution shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party alleging such act. Click on above link to read more.