The dissolution of marriage in Virginia is legally referred to as Absolute Divorce or Divorce from the Bond of Matrimony. Absolute Divorce in Virginia is one of the major reasons for selling a house. Divorce can be a relatively simple process.
Virginia is an equitable distribution state. The court may divide, transfer or order the division or transfer, or both, of jointly owned marital property, or any part thereof. The court shall also have the authority to apportion and order the payment of the debts of the parties, or either of them, that occurred before the dissolution of the marriage.
If you and your spouse have agreed on property division, neither spouse is asking for alimony, and you have no children under 18, you may be able to file a “simplified dissolution of marriage.” The parties then may agree to sell the house and split the proceeds.
Yes, you can file for dissolution of marriage on your own, but why be a fool representing yourself, when you can get the best advice from a Virginia divorce attorney.
Some things to consider that a Virginia divorce attorney is adept at:
To file for absolute divorce in Virginia, at least one of you must be a resident of the state. Or one of you could be a member of an armed force stationed in the state
One of the stickiest issues in an absolute divorce in Virginia, if there are minor children, is custody. It can be a stressful time. Let the expert, a Virginia divorce attorney, help you with the custody problem.
If you and your spouse can’t agree on child custody, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason not to, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility for specific aspects of a child’s welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child and the preference of the child, among other factors.
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