August 4, 2006, Newsletter Issue #26: Virginia Divorce Laws and Divorce Guidelines

Tip of the Week

Virginia Residency Requirement
According to the Virginia Divorce Laws and Virginia Divorce Guidelines, to get divorced in Virginia, one of the spouses must have been a resident of the state for at least 6 months prior to filing the case.

Place of Divorce (Venue)
The case may be filed in:
(1) The county in which the spouses last lived together (
2) or at the option of the plaintiff the county where the defendant resides if the defendant is a resident of Virginia
(3) If the defendant is a non-resident of Virginia, the county or city where the plaintiff resides.

Simplified or Special Divorce Procedures
Separation agreements are specifically authorized by statute and will reduce the time required for living apart by 6 months. In addition, a spouse may waive service of process, but the waiver of service of process form must be signed in front of the clerk of the court. The testimony of either spouse must also, generally, be corroborated by a witness.

Virginia Grounds for Divorce

Grounds for a No-Fault divorce:
(1) living separate and apart without cohabitation for 1 year
(2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement

Grounds for a Fault based divorce:
(1) adultery
(2) abandonment
(3) conviction of a felony and imprisonment for 1 year
(4) cruelty
(5) willful desertion

An Agreed Divorce , defined by Virginia divorce guidelines and Virginia divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Virginia property distribution, Virginia child support, or Virginia child custody.

A Default Divorce , according to the Virginia divorce guidelines and Virginia divorce laws, is a divorce where the other spouse doesn’t sign the Virginia Divorce forms or Virginia divorce papers, he/she doesn’t do anything at all with the divorce.

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