The spouse who files the initial paperwork is called the "plaintiff" and the other spouse is the "defendant. Uncontested divorces offer couples a better and kinder way to obtain a divorce. Virginia is among a handful of U. Can my desertion be excused? The fault grounds in Virginia include: For a complete list of factors courts consider when awarding alimony, see VA Code Ann. Other times, well, other times you feel like the world will end before your divorce is final.
If you become embroiled in a contested divorce , you will likely go through all these steps: When judges are deciding how best to divide marital property between divorcing spouses, they may consider all of the circumstances and factors which contributed to the dissolution of the marriage, including: All grounds for divorce, including separation, must be corroborated by evidence, such as an independent witness who knows of the situation by means other than your telling the witness what happened. If you plan to file for divorce without the help of an attorney, you will be responsible for all the necessary documents in the correct court. Uncontested divorces offer couples a better and kinder way to obtain a divorce. Virginia is among a handful of U. Some counties have more than one circuit court. This article provides a general overview of the uncontested divorce process in Virginia. The following is a list of major issues that must be resolved by the spouses before filing an uncontested divorce action in Virginia: The law, though, sets a few immovable dates: The standard of proof for the other fault grounds of desertion and cruelty and for a divorce based on separation is a preponderance of the evidence standard; you must have an independent witness in addition to your own testimony to verify the facts. Spouses alleging cruelty must also prove reasonable apprehension fear of bodily harm, which can include harm to one's mental state as well as one's physical well-being. Nevertheless, your divorce doesn't need to replicate a bad TV drama. Desertion is intentionally leaving the marriage against the wishes of the other spouse. Starting the Uncontested Divorce Process in Virginia To obtain an uncontested divorce in Virginia you must meet the following criteria: If you and your wife can agree on the basic terms of the divorce, you can proceed with an uncontested divorce. The spouse who files the initial paperwork is called the "plaintiff" and the other spouse is the "defendant. If spouses are able to agree on all issues in the divorce, including child custody, visitation and child support, then an uncontested divorce is an expedited option for divorcing spouses. The actual process meeting with your lawyer, having your lawyer file papers, going before a judge could be swift, but the preliminary requirements will take either a year or six months at least , depending on what the two of you have been up to while married. If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms as discussed below. If you are contemplating leaving the marital residence, consult an attorney first, if possible. What is constructive desertion? In any case where the parties have entered into a separation agreement and there are no minor children…a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. On whether your soon-to-be ex-wife puts up a lot of obstacles to a smooth process. Inclination can be a single hug or a kiss in public, and opportunity is usually spending the night with someone in a room or residence without other people around.
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