See if you Qualify in Virginia
Online Divorce provides qualitative and approved by the court Virginia divorce papers. The information below will help you understand more about the divorce in Virginia. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Virginia. We guarantee that in a short time you will receive the correct Virginia divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Virginia:
1. The main condition for obtaining a divorce in Virginia should be the fact that your marriage is valid. In other words, your marriage was made without violating the rules of the state and is recognized by the law of Virginia.
2. You or your spouse must match the length of residency in the state of Virginia before applying for divorce in court.
3. You must have reasons on the basis of which you want to formalize a divorce. They can be fault or no-fault. Note that if you file for divorce on the basis of the fault grounds, you will have to provide the court with proof that your spouse has made a mistake in marriage.
4. If there are underage children or common property in marriage, then you and your spouse must decide who will be the main custodian of the child and how to divide the property. It is also worth discussing issues related to financial support for the child, his or her health insurance, the size and frequency of payment of alimony to one of the spouses, as well as any other issues that are relevant to the divorce. If in something you can not come to a common decision, then the court will make its decision on the disputing issue during the meetings. Solving disputes in the judicial system can significantly stretch in time the process of divorce in Virginia.
5. You must fill out the Virginia divorce papers. At first glance, this may seem like a fairly easy process, but it is not. When filling out divorce form documents you can meet with many pitfalls, especially if you do not have a legal background. Please note that if you make any mistakes in drafting documents, the court will reject them and then you will have to re-do Virginia divorce papers, which can greatly delay the divorce proceedings. However, do not worry, you can initiate an online divorce in Virginia simply by using our service. Online Divorce will prepare for you all the necessary documents that correspond to the type of your divorce. We will do all the hard work for you regarding filling out the forms and we will send you ready-made papers that you will only need to provide to the court.
6. As soon as you file Virginia divorce papers to the court, you are obliged to send copies of these documents to your spouse, and then to provide the court with a certificate stating that your spouse has been notified of the commencement of the divorce proceedings. After this, you will have to wait for some time until the court makes a decision on divorce, it may take up to 8 months. If you and your spouse have controversial issues, then you will need to appear in court for a meeting to resolve disputes.
If you want to get a divorce in Virginia, at least one of the spouses must reside in the state within 6 months before the application is filed. Servicemen meet the criteria of residence, if they were on the military base of the state for 6 months. Any serviceman who serves outside the US (regardless of how long he or she was outside the country) satisfies the residency conditions if he or she lived in the state of Virginia for 6 months before he or she had to leave the territory of United States.
Valid Grounds to get divorce
You can ask for a divorce in Virginia based on two main grounds: no-fault and fault. In the first case, you must live with your spouse separately for one year and without cohabitation and with a written agreement for separation. However, if you do not have underage children or not involved in any disputes regarding property division the period can be reduced to 6 months.
The fault grounds include:
1) If one of the spouse committed a crime while he or she was in a marriage, and was convicted for this and after that couple wasn’t leaving together with cohabitation;
2) Adultery, sodomy or buggery that was committed by one of the spouses after the marriage was registered after which couple wasn’t leaving together with cohabitation and it was happened no longer than 5 years before applying for divorce;
3) Violence or ill-treatment in the family or the spouses do not voluntarily live together and refuse from their marital obligations, which took place not earlier than one year before the filing of an application for divorce by the innocent party;
Do not forget that the reasons for the divorce should be indicated in your divorce form documents. If you file for divorce on the basis of the fault grounds, then you must provide the court with conclusive evidence of the fault of your spouse.
One type of divorce in Virginia is annulment. Marriage can be canceled if it is considered void. In other words, the marriage was made with violations of the rules of the state of Virginia. An annulment can be used for such marriages in which one of the following conditions is met:
1) Bigamy,means that the current marriage was concluded before one of the spouses officially dissolved his previous marriage where wife or husband from previous marriage is still alive. That is, in fact one of the spouses has two marriages.
2) Marriage between parent and child, grandparent and grandchild, brother and sister and so on. Which means the marriage was registered between blood relatives.
3) If at least one of the parties did not reach the age of 18, the wife was not pregnant at the time of the marriage, and the couple had no other marriages before, and at the time of the marriage ceremony, the spouses did not have permission from the parents or the judicial representative to marry.
4) The marriage is also considered as invalid if one of the parties during the marriage ceremony could not independently give his or her consent because he or she had a serious mental illness.
5) If, prior to the marriage, one of the parties committed a serious crime and was convicted of this, the second party did not know about it.
6) If at the time of getting marriage the wife was pregnant from another man, and the husband did not know about it.
7) If at the time of getting marriage another woman was pregnant from the husband or gave birth to a child within 10 months after the marriage, and the wife did not know about it.
8) If one of the parties was engaged in prostitution before marriage, and the second party did not know about it.
The marriage can be canceled if the parties did not cohabit together after identifying the reasons for annulment. Also, a marriage can be submitted for annulment within 2 years after the reasons for annulment are revealed. Otherwise, the marriage is recognized as valid and then, instead of annulment the couple, will need to file for a standard divorce in Virginia.
In case if you want to annul a marriage, you must provide evidence to the court of one of the reasons above . Same-sex marriages in Virginia are considered void, no matter in what state they were registered. Thus, marriage between persons of the same sex is not recognized by the law of the State of Virginia and is automatically considered invalid.
Custody of the Child
When applying for a divorce in state of Virginia, one parent must be custodian of a minor child. The court can listen to the wishes of the child with whom he or she wants to stay, but this will not be decisive, since the court takes into account all the circumstances of the case and makes its decision on the basis of what is best for the child .
In some situations, the court can heal parents of custodial rights and appoint custody to the grandfather or grandmother, it is possible if the parents are declared absolutely unfit for raising a child.
The court may award joint custody or sole custody. To render a fair decision, a court may order a child to undergo a psychological and psychiatric test, and will also carefully consider the following factors:
1) the age and emotional state of the child;
2) the age, physical and psychological parameters of each parent;
3) the degree of participation of each parent in the life of the child;
4) emotional attachment of the child to each of the parents;
5) the desire of each parent to take part in the life of the child;
6) the efforts that each parent makes to raise a child;
7) the presence of brothers and sisters in the life of the child;
8) the readiness of each parent not to interfere with the child's second parent;
9) the ability of parents to cooperate among themselves in making important decisions in the life of the child;
10) the presence of facts of cruel behavior in the family or the manifestation of violence;
Perhaps the court will require you to provide any additional factors from the life of the family, which he considers important for deciding regarding custody. So, keep in mind that in your Virginia divorce papers you must be as accurate as possible with the question concerning minor children in the family, since all this information is important for the court to make a fair decision regarding custody.
Rules for child support
When calculating the financial support for the child, the court will consider the needs of the child, incomes and expenses of each parent. Courts are guided by the Virginia child support guidelines, which are based on three components: the combined income of the parents, the number of children in the family who needs support, the time which each of the parents spends with the child. Principles for supporting children also include the costs of child health insurance and expenses on his or her education. Thus, if you want to get a fair level of financial support for your child, you must write down in your divorce form documents as accurately as possible all existing sources of your income and your spouse. Payment of financial support to the child is carried out until he or she reaches the age of 19 years or until he or she graduates from high school, whichever comes first. If the child has a mental or physical illness that does not allow him or her to provide for themselves in the future, then financial support can be extended.
Rules for Spousal support
After the divorce in Virginia, the alimony is assigned to one of the spouses, if he or she is unable to support himself. Alimony can be paid for a certain period of time, and always. The amount of financial support for the spouse is calculated on the basis of the needs of the needy spouse and the financial capabilities of the spouse-payer.
The following criteria are considered by the court when deciding on alimony:
1) duration of marriage;
2) education and professional skills of the parties;
3) the psychological, physical and emotional state of the spouses;
4) opportunities for spouses to acquire additional professional skills;
5) incomes, taxes and investments of spouses;
Also, the decision on alimony can be significantly influenced by the ground based on which you are applying for a divorce in Virginia, especially if there was domestic violence, adultery or imprisonment during the marriage. So your divorce form documents should contain a clear and understandable description of the reason for the divorce, as well as the court will require you to provide evidence of the fault of the spouse. Alimony will be paid to the spouse until he or she completes the next marriage.
Virginia is a state with rules of equitable distribution. This means that all the property that was acquired in the marriage will be divided in half. However, if the property belongs to you personally, for example, it passed to you by inheritance, then such property will not participate in the division. The court must determine what property is common, what is personal, as well as its value and the amount of debt, with the exception of some pension benefits or interest on pension rates. All that you specify in your divorce form documents will be analyzed by the court to make a decision. So it is very important to give the court full information on all the property that was purchased or presented by you during the marriage. Your Virginia divorce papers should be clear and transparent or they will be rejected by the court. So many couples prefer to use services of Online Divorce in Virginia to be confident in their divorce documents. With our help, you will receive your correct Virginia divorce papers in the shortest time the that meet the requirements of the state.
Divorce without a lawyer in Virginia
If you apply for a divorce in Virginia, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Virginia can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Virginia courts do not oblige couples to use the services of mediators, but you can voluntarily ask for the help of a third party to resolve disputes regarding your divorce.
Divorce Forms in Virginia
The Virginia Court website does not provide all the necessary forms online, so you may have to go to your county court to get all the necessary documentation and information on how to initiate a divorce in Virginia.
If you can not fill out your divorce form documents by yourself, you can ask for the help of attorney. However a lot of couples prefer to fill out their Virginia divorce papers with the help of the services of Online Divorce - faster and cheaper way to prepare divorce form documents in USA. We will select the forms that correspond to the circumstances of your divorce case, and also help to fill them correctly in accordance with the requirements of the state of Virginia. Online Divorce Service will save your time, nerves and money in the process of divorce in Virginia.
Uncontested Divorce in Virginia
One of the types of rapid divorce in Virginia is an uncontested divorce. Its essence lies in the fact that before filing Virginia divorce papers in court you and your spouse made a decision regarding custody of minor children, their financial support, as well as a fair division of property, and decision on the above mentioned issues is prepared in written form. If there are no minor children in the marriage, then a divorce can be obtained in 6 months after the filing of the petition. You will also need to give the court grounds for getting a divorce. For an uncontested divorce in Virginia enough evidence will be the fact that between you and your spouse there are insurmountable contradictions and there is no way to get past relationships. If between you and your spouse there is an unsolvable dispute, then the divorce will be considered as contested and the court will decide on the disputed issues on its own after analyzing a number of factors that affect your family life. In case of a contested divorce in Virginia, a divorce will be granted in 8 months after the application is filed to the court.
How to Serve Divorce Papers in Virginia
Law of the State of Virginia obliges the party that is applying for divorce to provide the second party copies of the completed divorce form documents. This is called serving a spouse. There are several ways to do this. For example, you can hand over the documents to your spouse personally if you have a good relationship with him or her. Then you need to ask your spouse to sign the Acceptance of Service form, which then must be submitted to the court. If your relationship with your spouse is not so good, you can take the help of a local sheriff or the services of a professional serving. You can also ask one of your relatives to transfer copies of your Virginia divorce papers to your spouse, in case if this relative has reached the age of 16.
When all your divorce form documents will be submitted to the court you will need to wait a while until the court grants a divorce. Also, in some cases, you will need to attend court hearings regarding your case. If the court is satisfied with all of your Virginia divorce papers, then the decision regarding divorce will be taken fairly quickly.
Total fees will contain sum of Virginia court filing fees and cost of using the service of online divorce in Virginia. This cost may vary by county. Please check with your local court officer to determine the exact amount.