Divorce Options in Virginia

https://static.pexels.com/photos/277017/pexels-photo-277017.png

When contemplating getting a divorce in Virginia, you need to know your options:

Contested vs. Uncontested

  1. An uncontested divorce is not a divorce where you and your spouse both agree you want a divorce. An uncontested divorce means you have worked out all issues of your divorce, including spousal support, child support, child custody and visitation, and property distribution.  Typically this is codified in a Property Settlement Agreement.
  2. A contested divorce means that you have not resolved all issues of your marriage and at the time of filing for divorce, you need a trial for a judge to decide the issues, including support, custody, and property distribution.

Reasons for Divorce

No Fault Divorces

  1. One year separation: The Court will grant you a divorce due to the fact that you and your spouse have been living separate and apart for one year and you have no hope or probability of reconciliation.
  2. Six month separation: The Court will grant you a divorce due to the fact that you and your spouse have been separated for six months if you a. have a property settlement agreement; and b. have no children.

Fault Based Divorces

  1. Adultery: A court will grant a divorce on adultery only if you can prove adultery, which is Virginia means you must prove your spouse has sexual relations with another. Solid proof of adultery is necessary, not just suspicion.  This must be plead with specificity in the Complaint, ie, who what where when, etc.  Further, if you cohabitate with your spouse after you have knowledge of adultery, you cannot be granted a divorce on these grounds.
  2. Desertion, Constructive Desertion, abuse: This means your spouse left you or your spouse was so abusive that you had no choice but to leave him/her.

Timing

  1. For a no fault divorce, you cannot file for a divorce until your separation period is completed, either one year or two years. You can still have a contested no fault divorce if you have been separated, but don’t’ have a Property Settlement Agreement.  Please note that in most Northern Virginia Courts it takes a year to get through the Court system to a trial.  Therefore, by the time you are actually divorce, you will have been separated for 2 years.
  2. For fault based divorce you can file for divorce immediately after the faulting action. However, in the case of desertion, constructive desertion or abuse, a final divorce cannot be granted until one year after the faulting action occurs.

 

If you’re ready going through the divorce process, contact Keithley Law, PLLC  today by calling (703) 865-7710 and schedule an initial consultation in our Fairfax law office with one of our real estate attorneys. We can walk you through the steps to get the most out of your case.

Share

Parental Alienation: What it looks like and what to do

The hardest part of a separation for most people is the way it affects their children. I have seen the whole spectrum when it comes to child custody. Some couples work well when the children are involved, even though they fight like cats and dogs about everything else. However, most parents become protective over their […]

HELP! My landlord won’t fix problems in my apartment

We’ve all been in your shoes.  There is something wrong with your apartment- the sink is clogged up, the dishwasher won’t work, the toilet runs, there is mold.  We’ve requested a repair and the landlord either doesn’t fix it or tells you there’s nothing wrong with it.  You threaten to not pay your rent, what […]

High Conflict Divorces with Narcissists and Other Cluster Bs (Psychopaths, Narcissists, Borderlines)

Not all Cluster B divorces are high-conflict ones; however, I have said repeatedly that all high-conflict divorces involve at least one Cluster B personality-disordered individual (NPDs, BPDs, HPDs, AsPDs). By now, you’ve probably done your research, and you’ve figured out that Cluster-B disordered individuals have trouble regulating their emotional responses, and their typical response to […]

Starting Your Own Construction Company In Virginia

Have you considered taking your construction skills commercial and starting your very own construction company? There are many benefits to owning your own business, but there are also legal requirements you must keep in mind. We are here to help you or even just advise you on best practices. Step One: Creating the Entity In […]

Trauma Bonding with a Cluster B, Psychopath, Narcissist or Sociopath (Part 1/3)

What the Hell Was This? You may have just started your separation or divorce from a Cluster B, Psychopath, Narcissist or Sociopath, and you feel like you’re just waking up from a horrible nightmare. In some ways, you are. You have no idea what the hell “it” was that you went through. As an adult, […]

Trauma Bonding with a Cluster B, Psychopath, Narcissist or Sociopath (Part 2/3)

In the first blog of this series, I introduced you to how a trauma bond was formed. Also known as “Stockholm Syndrome,” trauma bonding is a form of addiction. Named after the 1973 bank robbery in Stockholm, Sweden, after many of the hostages refused to leave their sometimes very sadistic and cruel captors, psychologists understood […]

Trauma Bonding with a Cluster B, Psychopath, Narcissist or Sociopath (Part 3/3)

In the first two blogs of this series, I introduced you to the basics of trauma bonding and what trauma bonding looks like, also known as betrayal bonding or Stockholm syndrome. In the last blog of this series, I’ll go over the psychopath’s use of intermittent reinforcement as the tool to keep you trauma bonded. […]

Important Considerations When Purchasing an Existing Business

When purchasing an existing business it is essential to perform due diligence to acquire a full understanding of the assets and liabilities of the company that you are purchasing.  It is also essential to negotiate terms into the purchase agreement that will allow you to protect your business from preexisting liabilities and from a default […]