Divorce Residency Essentials to Get Divorce in Virginia
There are residency requirements to file for divorce in the state of Virginia, whether you file with or without an attorney. When you file for a divorce without a lawyer in Virginia, at least one of the spouses must have been a resident of the state for six months or longer.
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Reasons for Divorce in Virginia
The no-fault grounds for divorce in Virginia is “living apart and separate without cohabitation” for at least one year. This can mean in the same home if spouses are sharing a residence for monetary purposes or because of a shared child care situation.
Virginia has many fault-based divorce options including, but not limited to, adultery, felony conviction, cruelty, and long-term imprisonment.
Custody of the Children in Virginia
Joint “legal” custody is supported by the Virginia state court. Joint custody gives both parents a say in any major decisions in a child’s life, but it does not mean that the child will spend equal time with both parents. As long as the child’s best interests are kept at the forefront, the court will usually approve any custody agreement reached by the spouses.
Virginia Child Support Guidelines
The standard Virginia child support guidelines apply in almost every uncontested divorce case unless there are exceptional circumstances. These guidelines take into account both parties’ gross income and child related expenses. In most cases, child support will last until the child’s 18th birthday, but it may be extended until secondary school has been completed.
While the divorce is pending, either party can file a motion to request mediation of any or all disputed issues. These issues could include child support, child custody or the division of personal property. Obtaining arbitration before the divorce proceeds can ensure that the divorce goes through as an uncontested case.
Fees charged for filing your divorce in your local county court are in addition to the cost of using OnlineDivorceSolutions.com to generate divorce forms. The filing fees can vary from county to county. You can get more information about these fees by contacting your local court directly.