Cngj Law

How to File for a No Fault Divorce in Virginia

In case you find that your marriage is not working at all then the best thing to do will be to go for divorce. You may consult with any divorce lawyers that are available in John W. Lee, P.C in Virginia.

In the State of Virginia there can be several grounds available for divorce. Living apart is the 5th ground, which is considered as the no-fault ground. On this ground, if any couple is continuously living apart for 1 year (if no children, then 6 months), then it will be considered as living apart.

The following are a few requirements in Virginia for any no-fault divorce.

  • Residency Requirements

In Virginia, to qualify for any no-fault divorce, anyone among the spouses should be residing in Virginia for a minimum period of 6 months.

  • Written Separation Agreement

There must be a written agreement for separation so that it can be used for separating the property and any other assets between them. There must also be agreement about alimony, child support, and any other issues. The division must be fairly done between the two spouses.

  • Living Separately

We have already discussed this in the beginning. The separation must be continuous and after the end of the separation period, it will become easier for the court to grant a divorce.

If any kind of cohabitation like intercourse takes place during the separation period then it will break the separation period and there can be a complication in granting a no-fault divorce.

  • Alimony for No-fault Divorce

Despite seeking any no-fault divorce, still it is necessary to consider any of the 4 faults while calculating alimony.

As an example, if the husband has cheated on his wife and still the wife considers for no-fault divorce, then the court may consider it adultery while calculating alimony.

For relieving the spouse for paying any alimony, the record has to be established that this separation was because of a certain fault or misconduct as a ground for divorce.

  • Hiring a Lawyer

Divorce can become long and also difficult if the process is not followed correctly. Generally, after the divorce, your property, children, and money will be at stake. Also, if the opposite spouse has hired any lawyer then anywhere you may sign may be used later against you.

Therefore, it is necessary to hire an experienced lawyer who can review and prepare all the documents so that you can be sure of what is happening.

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