Does my spouse have to agree to the divorce in Virginia?
If you seek a divorce in the State of Virginia, your spouse does not have to agree, but in order to obtain a divorce, the requesting party then must wait for periods to run for a No-Fault or Fault Divorce before filing a Complaint for Divorce.
Can I get a divorce if I do not know where my spouse lives or if he or she lives outside of Virginia?
In order for a VA court to have jurisdiction over a divorce action, one of the parties must be a resident and domiciliary of the Commonwealth of VA for at least six months prior to filing the Complaint for Divorce.
If the Court has jurisdiction and you do not know where your spouse lives, you can serve your spouse by publication.
If the Court has jurisdiction and your spouse lives out of state, you can serve your spouse with the Complaint for divorce like serving any individual with a lawsuit out of state.
How long must I have lived in Virginia prior to filing for divorce? Are there exceptions?
In order for a VA court to have jurisdiction over a divorce action, one of the parties must be a resident and domiciliary of the Commonwealth of VA for at least six months prior to filing the Complaint for Divorce. There are no exceptions.
Can I file in Virginia if my children live in another State with my spouse?
In order for a VA court to have jurisdiction over a divorce action, one of the parties must be a resident and domiciliary of the Commonwealth of VA for at least six months prior to filing the Complaint for Divorce.
So the answer is yes, but basically for purposes of obtaining only a divorce. In this circumstance the Court will not address or decide any of the financial issues, spousal support, child support or custody/visitation.
What should I bring to my first appointment with a divorce lawyer?
It would be beneficial to bring a list of all assets, including real property, personal property, bank accounts, retirement accounts, automobiles, etc. and liabilities, including mortgages, credit cards, etc. of the parties. How the assets and liabilities are titled is not relevant for purposes of VA divorce law.
Is mediation better or worse that going to court?
Mediation can be very beneficial and more cost effective than litigating a divorce through the Court system. However, both parties must agree to mediate there matter before an experienced mediator.
Can I receive temporary spousal or child support?
Yes. In VA, temporary spousal or child support is called pendent lite support. Pendent lite means in the interim and can be decided before the final divorce hearing.
How does the court decide how marital property is divided?
Marital property is basically all property acquired during the marriage. Property brought into the marriage is generally separate property but in certain circumstances can become marital property. Martial property is generally divided 50/50 between the parties, no matter how the property is titled.
Would I be entitled to a portion of my spouse’s retirement?
What needs to be determined is the retirement marital property. Again marital property is all property acquired during the marriage. Therefore, that piece of a spouse’s retirement that was acquired during the marriage is split 50/50 between the spouses upon divorce.
