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Requirements for a Virginia divorce

| Jan 28, 2019 | Divorce |

In order to file for divorce in Virginia, there are a number of requirements that individuals must meet in order to be able to use the courts of the Commonwealth for their proceedings. This post will explain some of the most relevant issues that individuals will have to confront to get divorced in Virginia, but readers are asked to discuss their own divorce cases with their family law attorneys to get actual legal advice.

First, residency is an important issue that can keep a divorce out of the courts of Virginia. To be eligible to file, a person or their spouse must be a resident of Virginia and living in the Commonwealth for at least six months before the suit to divorce is filed. The failure to meet this requirement may bar a divorce action from occurring.

Next, a person must offer appropriate grounds for ending their marriage. Virginians can file for no-fault divorces, but in order to do so they must be separated from their spouses for at least one year before their divorces can be granted. They may also choose to pursue their divorces based on fault grounds like adultery, cruelty or desertion, but they must also be able to overcome defenses to such claims in order to prevail.

Getting a divorce is hard, and for some ensuring that they have met the Commonwealth’s requirements to file can be challenging as well. The help of a legal professional can be invaluable to individuals who want to divorce but do not know what to do. Legal counselors can guide their clients to appropriate solutions to their challenging legal dilemmas.