Manassas Divorce Attorney
Effectively Protecting Your Rights & Best Interests
If you are going through a divorce in Virginia, you should retain experienced representation as soon as possible. This state’s divorce laws are complex and abundant. The legal requirements for divorce in Virginia include the stipulation that one or both parties have been state residents for at least six months before the dissolution. If one spouse is trying to file for a “no fault” divorce, both spouses must have lived separately and apart for a minimum of one year.
At Foster McCollam, our divorce lawyers in Manassas have years of experience in this complex area of law. We can navigate you through the complicated legal process while helping you make well-informed choices about your family and future. Our legal team genuinely cares about our clients, and we fight relentlessly on their behalf. Whether you are trying to retain custody of your children, establish fair child support payments, keep your assets, or anything similar, we can handle it.
Call Foster McCollam today at (703) 420-7011 or contact us online to schedule a consultation with our divorce lawyers in Manassas.
About Fault in Virginia
While you are not required to claim fault in order to divorce a spouse in this state, fault can still be relevant to matters such as the separation of your shared property and spousal support.
Grounds for divorce in Virginia include the following:
- Was convicted of a felony and confined for more than one year without cohabitation following confinement
- Willfully deserted one year from the date of such act or caused fear of bodily harm
- Buggery, sodomy, or adultery was committed outside the marriage
- Was cruel to the other spouse
If you and your spouse have minor children together, you should know the child support guidelines in Virginia, as well as the child custody laws. A skilled divorce attorney at our firm can help you understand your situation better and inform you of the potential long- and short-term consequences of your decisions.
Divorce Process in Virginia
Here are the basic steps you will need to follow to file for divorce in Virginia:
Complaint - One spouse (the “plaintiff”) will file a document petitioning
for divorce in his or her county’s court. The spouse will also pay
the required filing fee. Some items that will be included in the complaint are:
- Date and place of marriage
- Where each spouse currently lives
- Military status of each spouse
- Residency information
- Grounds for the divorce
- Proof of the required separation period
- Information regarding any children from the marriage if applicable
- Service – The complaint and summons (a document submitted by the court) must be delivered to the other spouse (the “defendant”). There’s an official process for this so contact our firm to learn more.
Virginia Divorce FAQs
Is there a residency requirement to divorce in Virginia?
Yes, one of the spouses must be a VA resident for 6 months or more before the couple can file for divorce in the state.
Is Virginia a “no-fault” divorce state?
The state does allow for a no-fault divorce in the sense that neither spouse will be required to prove “fault” in the other one, but there is an additional qualification. In order for a couple to file for a no-fault divorce, they must first live separate for at least one continuous year. It is possible to qualify for a no-fault divorce within 6 months of separate living if children are not involved and if the couple has signed a separation agreement.
Does Virginia allow for legal separation?
Yes, Virginia does have a route for legal separation called “divorce from bed and board”. In this case, the spouses are legally separated, but they cannot remarry during this time. This allows certain divorce matters to be settled such as property division, custody, support, etc. However, the marriage is not legally ended. There are two fault-based reasons a spouse can request a divorce from bed and board.
Rather than wait 6-12 months for a regular divorce, this type of legal separation allows the divorce process during the period of separation and waiting period.
Call (703) 420-7011 Today to Speak With a Divorce Lawyer
If you have any concerns or questions about your divorce, call Foster McCollam today and speak with a knowledgeable divorce attorney in Manassas. We can take a look at your situation and help you determine how to best proceed.
Get started on your case by calling (703) 420-7011 or contact us online.