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Virginia
Divorce
Once your order has been
received it will be forwarded to the Virginia paralegal who will
be assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our Virginia Paralegals
are specifically trained in Utah divorce procedures and will assist
you in getting the fastest, easiest, and most affordable divorce
available.
We include all forms
needed for an Virginia divorce.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: One of the spouses must have
been a resident of Virginia for at least 6 months prior to filing
for divorce. The divorce may be filed for in: (1) the county or
city in which the spouses last lived together; or at the option
of the plaintiff: (2) the county or city where the defendant resides,
if the defendant is a resident of Virginia; or (3) if the defendant
is a non-resident of Virginia, the county or city where the plaintiff
resides. [Code of Virginia; Title 8, Section 8.01-261; and Title
20, Sections 20-96 and 20-97].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: (1) living separate and apart
without cohabitation for 1 year; or (2) living separate and apart
without cohabitation for 6 months if there are no minor children
and the spouses have entered into a separation agreement. [Code
of Virginia; Title 20, Section 20-91]. General: (1) adultery (including
homosexual acts); (2) abandonment; (3) conviction of a felony and
imprisonment for 1 year; (4) cruelty; and (5) willful desertion.
[Code of Virginia; Title 20, Section 20-91].
LEGAL
SEPARATION: The grounds for legal separation are: (1) cruelty;
(2) willful desertion; (3) abandonment; and (4) reasonable apprehension
of bodily injury. One of the spouses must have been a resident of
Virginia for at least 6 months prior to filing for legal separation.
[Code of Virginia; Title 20, Sections 20-95 and 20-97].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: Separation agreements are specifically
authorized by statute and will reduce the time required for living
apart by 6 months. In addition, a spouse may waive service of process,
but the waiver of service of process form must be signed in front
of the clerk of the court. The testimony of either spouse must also,
generally, be corroborated by a witness. [Code of Virginia; Title
20, Sections 20-99, 20-99.1:1, 20-107.3, and 20-109.1].
MEDIATION
OR COUNSELING REQUIREMENTS: There are no legal provisions in
Virginia for divorce mediation.
PROPERTY
DISTRIBUTION: Virginia is an "equitable distribution" state.
The separate property of each spouse, consisting of property (1)
acquired prior to the marriage; (2) any gifts and inheritances;
(3) any increase in the value of separate property, unless marital
property or significant personal efforts contributed to such increases;
and (4) any property acquired in exchange for separate property,
will be retained by the spouse who owns it. The marital property,
consisting of (1) all property acquired during the marriage that
is not separate property; (2) all property titled in the names of
both spouses, whether as joint tenants or tenants-by-the entireties;
(3) income from or increase in value of separate property during
the marriage if the income or increase arose from significant personal
efforts; (4) any separate property which is commingled with marital
property and can not be clearly traced, will be divided equitably
by the court. The court may also order a payment from one spouse's
retirement benefits, profit-sharing benefits, personal injury award,
or worker's compensation award, to the other spouse. The factors
for consideration are: (1) the contribution of each spouse to the
acquisition, care, and maintenance of the marital property; (2)
the liquid or non-liquid character of the property; (3) the length
of the marriage; (4) the age and health of the spouses; (5) the
tax consequences; (6) any debts and liabilities of the spouses,
the basis for such debts and liabilities, and the property which
serves as security for such debts and liabilities; (7) how and by
whom the property was acquired; (8) the circumstances that contributed
to the divorce; (9) the contributions, monetary and non-monetary
of each spouse to the well-being of the family; (10) the contribution
of each spouse to the well-being of the family; and (11) any other
factor necessary to do equity and justice between the spouses. [Code
of Virginia; Title 20, Section 20-107.3].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be awarded maintenance, to be paid
in either a lump sum, periodic payments, or both. The factors for
consideration are: (1) the ability and time necessary to acquire
sufficient education and training to enable the spouse to find appropriate
employment, and that spouse's future earning capacity; (2) the standard
of living established during the marriage; (3) the duration of the
marriage; (4) the financial resources of the spouse seeking maintenance,
including marital property apportioned to such spouse and such spouse's
ability to meet his or her needs independently; (5) the contribution
of each spouse to the marriage, including services rendered in homemaking,
child care, education, and career building of the other spouse;
(6) the tax consequences to each spouse; (7) the age of the spouses;
(8) the physical and emotional conditions of the spouses; (9) the
educational level of each spouse at the time of the marriage and
at the time the action for support is commenced; (10) the property
of the spouses; (11) the circumstances which contributed to the
divorce; and (12) any other factor the court deems just and equitable.
However, permanent maintenance will not be awarded to a spouse who
was at fault in a divorce granted on the grounds of adultery, unless
such a denial of support would be unjust. [Code of Virginia; Title
20, Sections 20-95, 20-107.1 and 20-108.1]. SPOUSE'S NAME: Upon
request, a spouse may have his or her former name restored. [Code
of Virginia; Title 20, Section 20-121.4].
CHILD
CUSTODY: Joint or sole child custody will be awarded based on
the welfare of the child, and upon a consideration of the following
factors: (1) the age of the child; (2) the child's preference; (3)
the needs of the child; (4) the love and affection existing between
the child and each parent; (5) the mental and physical health of
all individuals involved; (6) the material needs of the child; (7)
the role each parent has played in the care of the child; (8) any
history of family abuse; and (9) any other factors necessary for
the best interests of the child. No preference is to be given to
either parent. [Code of Virginia; Title 20, Sections 20-124.2 and
20-124.3].
CHILD
SUPPORT: Child support may be ordered to be paid by either parent,
and is based on a consideration of the following factors: (1) the
financial resources of the child; (2) the standard of living the
child would have enjoyed if the marriage had not been dissolved;
(3) the physical and emotional conditions and educational needs
of the child; (4) the earning capacity of each parent; (5) the age
and health of the child; (6) the division of marital property; (7)
the monetary or non-monetary contributions of the parents to the
family's well-being; (8) the education of the parents; (9) the ability
of the parents to secure education and training; (10) the income
tax consequences of child support; (11) any special medical, dental,
or child care expenses; (12) the obligations, needs, and financial
resources of the parents; and (13) any other relevant factors. Official
child support guidelines are provided in the statute, which are
presumed to be correct unless there is a showing that the amount
would be unjust or inappropriate under the particular circumstances
of the case based on the factors above (1-13) and the following
additional factors: (1) support provided for other children or family
members; (2) custody arrangements; (3) voluntary unemployment or
under-employment, unless it is the custodial parent and the child
is not in school and child care services are not available and the
cost of child care services are not included in the computations
for child support; (4) debts incurred during the marriage for the
benefit of the child; (5) debts incurred for the purpose of producing
income; (6) direct court-ordered payments for health insurance or
educational expenses of the child; and (7) any extraordinary capital
gains, such as gains from the sale of the marital home. [Code of
Virginia; Title 20, Sections 20-107.2, 20-108.1, and 20-108.2].
PREMARITAL
AGREEMENT: The agreement shall be in writing and signed by both
parties and is enforceable without consideration. The agreement
is not enforceable if it is proven that (1) the agreement was not
executed voluntarily; (2) the agreement was unconscionable when
executed and before execution the party was not provided a fair
and reasonable disclosure of the property or financial obligations
of the other party and did not waive the right to the disclosure
of this information. If the marriage is determined to be void, the
agreement is enforceable only to the extent necessary to avoid an
inequitable result. [Code of Virginia; Title 20, Sections 20-149
and 20-151].
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Your Virginia Divorce Package Now $99.94
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