Condition for Residency
It is essential to file a case of Divorce in VA that either of the spouses is the resident here for at least six months immediately before filing case. The papers can be submitted into the county where both the spouses have been living together. Else they can be submitted into the county of plaintiff or defendant.
Virginia needs valid reasons for the approval of divorce case. In this regard, it deals with no-fault as well as fault based reasons that may include following:
Virginia requires from both the spouses to agree with the reasons and must validate them later on.
State of Virginia prefers the joint custody of the child for the best upbringing of the child. However, following factors are observed before taking the decision of child custody:
Virginia is the state of equitable distribution of property. This allows the spouses to keep all their personal properties, gifts, and inheritances with them. These properties are not brought into the process of division. Remaining properties and marriage properties of both spouses is divided into two halves. In this process of property distribution, no age or sex is given relaxation. Both the partners get the equal share. Their roles towards the acquisition of the property are considered. Moreover, tax liabilities are also given importance in this regard. In addition to this, duration that the marriage lasted for, health conditions, financial obligations, and child custody are also given consideration.
Either of spouses in Virginia may get the spousal support either in form of periodic payments, or lump sum amount from the other spouse. This amount is determined after assessing following:
State has formulated standard child support guidelines that are followed in determining the amount of child support. However, if this amount turns out to be unjust for either of spouses, then this is reassessed to make it reasonable and justified for all. Following factors play important role in this regard:
Virginia provides no mediation facility to spouses officially.
There is no need of a lawyer when applying for divorce in the state of Virginia. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce. Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Virginia, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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