Virginia Divorce Law - Divorce Settlement Strategy

Find out how to plan your Virginia divorce. Get the most skilled Virginia divorce lawyer to represent your property and family interests according to current Virginia divorce law.

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Before you start your Virginia divorce it is important to take stock of your objectives for your divorce. It is useful in organizing your divorce plans to have a working knowledge of Virginia divorce law.

If your divorce is complicated by significant divorce assets and/or custody issues, it is advisable to retain the best Virginia divorce lawyer you can find and afford, as soon as you start the divorce process, in order to maximize your results in the divorce.

At the end of your Virginia divorce process, a Virginia court record will become available to you for use in Virginia, and other states, to enforce your newly won Virginia divorce rights.

Unique State Divorce Laws

Virginia divorce law includes requirements concerning such items as residency, filings, grounds for divorce, mediation etc. that must be complied with in order to obtain a valid Virginia divorce.

In order to file for divorce in Virginia one of the spouses must have resided in Virginia for at least 6 months. The actual complaint for divorce must be filed in the Circuit Court (or Juvenile and Domestic Relations Court or Family Court) in the Virginia county where either the petitioner or respondent reside.

Virginia recognizes no fault divorce grounds which incude living separate and apart for either 6 months or 1 year depending on the circumstances. Virginia divorce law also addresses grounds including adultery, felony conviction, desertion etc.

There are separate grounds for the declaration of legal separation cruelty, desertion, risk of bodily harm etc. Legal separation under a valid separation agreement can expedite a divorce under Virginia's simplified divorce procedure.

Unlike most other states, Virginia divorce law has no provision for divorce mediation. Virginia is an equitable distribution state with regard to assets acquired during the marriage. Virginia's equitable distribution "formula" matches and closely follows the criteria and considerations used in other states.

If there are significant marital assets to be divided under Virginia divorce law or complicated custody or alimony issues, it is recommended that a Virginia divorce lawyer be retained as early in the divorce process as possible. Early divorce advice from an experienced Virginia divorce lawyer can be invaluable to your divorce objectives.

 

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