Say no to the do-it-yourself divorce! — Virginia Online Divorce | Step-parent, Second-parent, and Adult Adoption (2023)

FAQs

What are two legal grounds or reasons to legally get a divorce in VA? ›

Desertion, cruelty, adultery, and felonies with confinement of at least one year are all fault-based grounds for divorce. The only non-fault ground in Virginia is living separate and apart for one year (or six months if you have no minor children and have signed a Property Settlement Agreement).

For residents of Virginia, the commonwealth has made it easy to obtain an uncontested divorce online. This process allows couples who have amicably agreed upon the division of property, child custody and other decisions to avoid unnecessary litigation and save on divorce costs.

Whether it is a fault or no-fault divorce, you do not need your spouse's signature or verbal agreement to file. Once you file the complaint and the divorce is opened with the court, your spouse will be served with the complaint and will have 21 days to respond.

Usually, you'll do this by going in person to the circuit court clerk of the county or city where you're starting the divorce. In Virginia, you may file your uncontested divorce papers in the city or county where you and your spouse last lived together or, if you prefer, where your spouse currently lives.

Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage. A spouse who leaves the home because both spouses have decided to separate does not commit abandonment. The other spouse did nothing to justify their abandonment.

Virginia Does Not Recognize Separation

While no law prohibits dating (note that dating does not mean sex) other people while you are separated from your spouse, it can affect the outcome of any pending or subsequently filed divorce and child custody proceedings.

The only grounds for which you can file for divorce immediately in Virginia is adultery. In cases of adultery (which is defined as a married individual having voluntary sex with another person), you can file for divorce immediately without waiting after a separation period.

A divorce where both parties agree typically takes four to six months when using an online service.

Guide to Separation in Virginia. Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children.

However, in Virginia, if a defendant does not respond to the notification of divorce action, the court will continue the divorce proceedings as long as the court determines the papers were properly served under one of the mechanisms described above.

Can I get a divorce without my spouse knowing? ›

If you don't know where your spouse is, and hence cannot serve a divorce summons on him/her in person, you may divorce through a process called substituted service. Substituted service is permitted when the defendant's exact whereabouts are unknown.

Adultery is not only a ground for divorce in Virginia, but it is also a Class 4 misdemeanor under Virginia Code § 18.2-365.

Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months.

The cheapest option for divorce in Virginia is a do-it-yourself divorce or DIY divorce. But only if done correctly. This method is ideal for families with no children and who do not have a high level of conflict in their divorce.

Uncontested Divorce Requirements in Virginia

Our firm provides a 2 week uncontested divorce for $695 plus the court fees of $89. We also offer an uncontested divorce in Virginia which takes 5 weeks and costs just $495 plus $89 court fees.

Although a sexless marriage is not listed in the law as a ground of fault for absolute divorce or divorce from bed and board, it can be strong evidence for a court to find constructive abandonment.

Is there a specific period of time before you can legally claim child abandonment? The Virginia Code says that if the absent parent has not supported you or the child for 30 days, it can be considered evidence that this absent parent has intent to abandon.

Wilful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

Can I Sue My Spouse For Adultery? The short answer to this question is yes.

Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.

Can you go to jail for cheating on your spouse in Virginia? ›

Although there is a criminal statute in the Virginia Code that makes adultery a misdemeanor, it is probably unconstitutional. It is not enforced. No cheating spouses go to jail for their infidelity in Virginia.

There is NO common law marriage in Virginia.

The theory there, which I assume you already know, is that, if you and your partner have lived together long enough (usually somewhere in the neighborhood of seven to ten years), the law will eventually deem you married just by virtue of your continued cohabitation.

Is Virginia a 50/50 State When It Comes to Divorce? Virginia is an equitable distribution state, not a community property or 50/50 state. The split in a Virginia divorce does not have to be 50/50. Instead, the court will decide what is a fair division of property.

No in one week it's not possible to get a mutual divorce. After the filing the first petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

It Is Possible to Get a Quick Divorce

The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.

In special cases, a divorce can be filed before 3 years of marriage have passed. However, you will have to prove that you have suffered exceptional hardship or if your spouse has been exceptionally unreasonable and cruel.

Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

While a Virginia couple cannot obtain legal separation, they can be separated but still live in the same home prior to finalizing a divorce.

What happens if I reject divorce notice? ›

If u do not recieve and the report of process server is that u ve refused then court will consider as refusal and it will be deemed that summons are served and the court may proceed ex-parte. Which is unnecessary and you may face problem if proceeded ex-parte.

Use a court bailiff to re-serve the divorce papers to your spouse. This will incur an additional fee. It will help in the satisfaction of the court and provide enough evidence that the spouse has received the divorce papers. A process server is someone who will physically deliver legal documents to the respondent.

In a nutshell, no, your spouse cannot prevent a divorce proceeding. If they refuse to cooperate, it will be necessary for you take some additional steps, such as using a court bailiff or a process server.

If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.

After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement. For example: The husband buys an apartment for his wife and himself after they get married, and it is registered in his name.

A text may have been intended to be private, but it can be used as a form of written communication in a legal case that shows to the entire world an affair and cheating. A text can also expose terse messages about a couple's children, visitations, and custody related matters.

A spouse who is having an affair will generally receive no spousal support. However, a judge could award a cheating spouse some support based on the following factors: The finances of the parties. The degree of fault of each spouse in the divorce.

As long as you've met the requirements for beginning an uncontested divorce, you should be able to get your divorce decree not long after you've filed the necessary divorce papers. Usually, you won't have to appear in court.

If both parties agree to the divorce and the served party signs the papers they are served, then a judge merely has to finalize the divorce. If one party does not agree to the divorce or refuses to sign a separation agreement, then the court will hold a hearing to determine the outcome of the divorce.

Who pays for divorce in Virginia? ›

Divorce Costs in Virginia: Who Will Pay? In a Virginia divorce, each party usually has to pay their own attorney's fees. In some cases, one spouse may be required to pay the court costs and attorney fees for the other party. The judge makes this determination.

Do I need an attorney for an uncontested divorce? You can avoid the expenses of a contested divorce and may be able to obtain it sooner if you file an uncontested divorce in Virginia. However, you should still retain an experienced family law lawyer to protect your legal rights.

An uncontested divorce is a relatively quick and cost-effective way of divorcing. From lodging the divorce petition with the court until receipt of your decree absolute, an uncontested divorce takes about four to five months.

The Petitioner is responsible for covering the cost of the preparation and submission of the divorce paperwork, together with obtaining legal advice and paying the Court fees. The Respondent will only be responsible for covering their own legal fees.

1)The husband's whereabouts are unknown for a period of four years. 2)The husband has failed to provide maintenance to the wife for at least two years. 3)The husband has been under imprisonment for seven or more years. 4)The husband is unable to meet the marital obligations.

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

The only grounds for which you can file for divorce immediately in Virginia is adultery. In cases of adultery (which is defined as a married individual having voluntary sex with another person), you can file for divorce immediately without waiting after a separation period.

Lack of commitment is the most common reason given by divorcing couples according to a recent national survey. Here are the reasons given and their percentages: Lack of commitment 73% Argue too much 56%

If you have an emotionally neglectful spouse and you've tried to fix things through talking and therapy, sustaining your marriage could be challenging. Once you are no longer feeling as though you are a team and like your spouse is a stranger, you could be better off getting a divorce.

Is emotional neglect in a marriage grounds for divorce? ›

Another reason for divorce reported almost as much as mental cruelty is "neglect" itself. These include both emotional abandonment and physical abandonment. Husbands that work away from the home, sometimes leaving their wives alone for weeks at a time, fall into this category.

'Unreasonable behaviour' in a divorce is used to describe your spouse acting in such a way that you can't reasonably be expected continue living with them. Of the five possible grounds for divorce, unreasonable behaviour is the most used.

These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of section 13 of the Act, there are available four ground on which the wife alone can file a divorce petition.

The short answer, is, no, not everything is split 50 50 in a divorce. No two relationships are the same. No two property settlements are the same. There are a range of possibilities that could occur from your divorce and property settlement.

Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months. You may even be able to complete it by filing an affidavit or deposition and avoid the need to attend a court hearing.

Rule 43 of the High Court (or Rule 58 of the Magistrate's Court if you are divorcing in the Regional Court) is a special procedure that can assist a spouse in such circumstances. This is a special mechanism whereby a spouse makes application to court for “interim” maintenance, pending the finalisation of the divorce.

Guide to Separation in Virginia. Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children.

If your husband has filed for divorce, once you've been served with a complaint, you'll only have 21 days to respond. There's no room for dragging your feet or taking your time; if you don't respond within that time frame, technically the court can move on with your divorce without further notice to you!