No one wants to see their marriage end,but
when the time comes, there are things you should know about the process of
going through a divorce in Virginia Beach.
First, it’s highly recommended to hire a
Virginia Beach divorce attorney, especially one that deals exclusively in
family law. These attorneys know the ins and outs of the court system and of
the state code that governs divorce in Virginia. An experienced Virginia Beach
divorce attorney will also have worked one-on-one with many clients, helping
each traverse the often difficult and emotional road to a post-divorce life.
After hiring a lawyer, he or she initially
will help you decide which type of divorce to seek. In Virginia, you cannot
file a Complaint for Divorce with the Virginia Beach Circuit Court without
specifying a reason.
In this state, people have several reasons, or
grounds, to file for divorce, but only one that takes the estranged spouses on
the uncontested divorce route – it’s called no-fault divorce. This is when both
spouses agree in writing on how the marriage will be dissolved, including
separating assets and sharing custody of the children if the marriage produced
any.
A separation agreement is drawn up that
outlines these agreed-upon issues (and eventually becomes a part of the divorce
decree). Separation agreements in Virginia help couples avoid costly, stressful
and time-consuming courtroom disputes. In fact, if both parties agree on all
the major issues, property distribution, child custody, spousal and child
support, they will not have to go to court at allforthe divorce to be final.
Couples seeking no-fault divorces can legally
have the marriage dissolved if they have lived apart for six months, without
children from the marriage, or a year if the marriage produced children.
Recently, though, more couples are choosing to live together but apart under
the same roof for financial reasons. That scenario is typically reviewed on a
case-by-case basis by the courts.
If they are unable to agree on the major
issues, spouses may be able to file for a fault-based divorce. Reasons for this
type of divorce are based on misconduct in Virginia and are:
- Adultery
- A
felony conviction and confinement following the conviction
- Cruelty,
willful desertion or abandonment.
A spouse can also file for a “no-fault” divorce after being
separated for a year. No matter which
type of divorce you pursue, it is considered a “contested divorce” if the
divorce is filed without an agreement on all of the issues. In a contested divorce, thejudge to resolve
the often-difficult issues of property division, spousal support and child
custody, support and visitation.
Due to the complex nature of the hearings and
their long-lasting implications, an experienced Virginia Beach divorce lawyer
is essential to protect each party’s interests.
As with uncontested divorces, those contesting
the marriage’s demise must still file a Complaint for Divorce with the Circuit Court stating a reason
for the impending divorce.
The next step is typically a court hearing
where a judge temporarily issues court orders dealing with spousal and child
support, visitation of the child(ren) and other important financial issues that
must be addressed immediately, i.e. auto usage, mortgage payments, etc.
Next comes discovery, where information and important documents
are shared between the estranged spouses. After, a trial date is set.
Along the way, Virginia Beach couples always have the option to
negotiate or mediate divorce terms to prevent the matter from going to trial. A
reputable, experienced Virginia Beach divorce attorney will work toward an
amicable agreement that oftentimes keeps both parties – and the children – out
of the courtroom.
Worth noting, since so many military men and women live in Virginia Beach and surrounding areas, there are several factors surrounding military employment that can make the process more difficult and time consuming. To name just a few: military pensions, health insurance coverage, gross income calculations and the federal regulations determining the benefits to divorced spouses.
Whether you are a member of the military or a civilian seeking
divorce, you should look for a Virginia Beach divorce attorney with years of in-depth
experiencein family law to represent your interests and rights under both
federal and state laws.
For More Information Find
Out More
Contact Us:
Address: 4705 Columbus Street, Suite 101
Virginia Beach, VA 23462-6749
Tel: (757) 447-3800
Email: info@mnr-law.com
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