Going through a divorce can be a difficult time. However, you’re not alone. According to researchers, between 40 to 50% of all first marriages and up to 60% of second marriages in the U.S. are estimated to end in divorce.
Because domestic law differs from state to state, it’s essential to know the domestic laws of your own state before filing for divorce. The following are some of the more frequently asked questions regarding the domestic law in Virginia and the grounds necessary for divorce in the Old Dominion.
What is considered the grounds for divorce in the state of Virginia?
First, to file for divorce in the state of Virginia it’s necessary for at least one of the spouses to have been a resident of the state for at least six months (or 180 days) prior to the divorce filing.
There are two types of divorces: fault and no-fault divorce. A fault divorce is when one spouse claims the other spouse to be at fault for the ending of the marriage. No-fault divorce is when no blame is placed on either spouse.
In the state of Virginia, a spouse may base their grounds for divorce on the fact that they’ve been separated from the other party for a minimum of 12 months. This is true whether the divorce is being filed on fault or no-fault grounds.
Depending on the marriage, one spouse may feel the need to file for fault divorce so as to gain an advantage during hearings for child custody disputes. This is also true regarding disputes for the division of property. However, filing for a fault divorce does not automatically provide the filing spouse with the advantage in either case.
How is the marital property divided between spouses in Virginia?
The domestic law in Virginia requires the marital property to be divided equitably. Each spouse is the sole owner of their own income during the marriage and has the right to their own property should that property be in that spouse’s name alone.
Should the property be owned by both spouses, the judge will divide the property in such a way the judge deems fair. This division isn’t always considered exactly equal.
What is the domestic law in Virginia regarding child custody?
The judge in the divorce case will attempt to arrange joint custody between both spouses. However, depending on the grounds for divorce and the claims provided by either spouse’s divorce lawyers or defense attorney, the judge will determine the child custody and time shared between both parents in such a way that will benefit the child.
Domestic laws regarding divorce differ greatly from state to state. Therefore, it’s essential to understand the basics of divorce law in the state of Virginia. For more information on the domestic law in VA, consult the Harrisonburg attorneys at John Elledge today.