If you are filing for divorce because of fault, it is better to make sure that the said contingency does not extend to no-fault. This is to allow you to file for divorce without having to mention the fault in your spouse’s death. No-fault cases are those when the fault appears exclusively in one of the parties and applies to all of the spouses equally. In such cases, the said contingency does not appear in the marriage itself but is inherited by the couple’s joint children or possessions.
If the said contingency appears in the divorce records of Virginia and your spouse files for no-fault, this will be evidence of the fact that the marriage was irretrievably broken. For irretrievable breakdown, the stated grounds must be supported by substantial proof.
Note that the decision to get a divorce in Virginia is made by the court alone. No one else has to provide the reasons for the divorce. The court is an autonomous body with the right to change its decision and revoke the previous ones.
Important Details on Does it matter who files for divorce in Virginia?
The decision to divorce is made by the court based on the stated grounds of the parties. Does it matter who files for divorce in Virginia? Yes, it matters! If the stated reasons for the divorce are no-fault they will be considered no-fault too. For example, the stated reasons for the breakdown of the marriage would be no-fault too.
Note that the stated reasons for the divorce are usually the most important ones. If the stated reasons for the separation are insufficient, the court may decide to grant the petition even if the irretrievable breakdown happened before the marriage.
How to get a divorce in VA?
How to divorce in Virginia?
Getting divorced in Virginia is easy. The only requirement is to fulfill the residency demands and complete the paperwork correctly. You must also submit the documents to the courthouse located in the county where either of you resides. The court worker will help you with preparing your paperwork and will even send you the forms if they are not accepted. Once the paperwork is prepared, you must submit it to the court.
How do I file for divorce in Virginia?
You file for it by submitting the petition and registering it on the court website. You should not have to look for the specific forms, but simply complete the information provided by the online application and submit. The corresponding form will be automatically filed according to the specified court policy.
How to file for divorce in Virginia if I have kids?
The relevant legislation does not require you to prove your partners fault for the divorce. However, if you have kids, the divorce will be granted even if either of you was found guilty of abuse or was found not guilty. The only requirement is that you attend a special training session about the relationships between the law and the child support. The issue is that in Virginia, you must also provide proof that your spouse is not paying alimony. You can include financial statements that can be provided by both parties. After the training is completed, you and your partner can take the case to the court.
How to file for divorce in Virginia?
The court will give you the opportunity to submit the case information via email, so you can initiate the case discovery process. After receiving the information, you must submit the documents to the clerks office. You will be asked to wait for 60 days, during which time the court will investigate your petition and the divorce will become final.
How do I file for divorce in Virginia if my spouse was not a resident of the state?
In Virginia, one who is not a resident of the state can only file the petition if the other party moved to Virginia and resided there for at least one year before moving to another area. If the petitioners are unable to pay the fee, they may submit a fee waiver. If this is done, the court will grant the petition. The petitioner then has two options: to pay the waived fee or to go through a contested divorce.
How do you divorce in Virginia?
You will need to sign the forms, file them in front of the court clerk, and come for a hearing. After the paperwork is successfully processed, you will receive a copy of the papers with a date stamp on it. You should not have more than 30 days to get the documents if you are undergoing an uncontested divorce. After that you should submit the documents to the court.
How do you divorce in Virginia?
You will need to serve the forms to your spouse and have them come to the court. After that you need to bring your spouse to the court and register them. After that, your spouse should come to the court and register their petition either himself or by a process server. After that, the papers need to be filed with the justice of the county and your spouse should wait until the judge signs the final judgment.