Absolute Divorce in Virginia

Absolute Divorce in Virginia


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Absolute Divorce in VirginiaThe 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.

The grounds for an absolute divorce in Virginia, according to HG.org,  are as follows:

  1. Adultery, or for sodomy or buggery when committed outside the marriage, and the parties have not voluntarily cohabitated after knowledge of the adultery, sodomy or buggery and it did not occur more than five years before institution of the suit;
  2. Felony conviction after the date of marriage with at least one year of imprisonment, and cohabitation has not resumed after knowledge of this confinement;
  3. Cruelty, causing reasonable apprehension of bodily harm, or willful desertion or abandonment, and it has been one year from the date of the act before the application by the innocent party; and
  4. Voluntary separation for six months with a written separation agreement and no children (either natural or adopted); otherwise, separation for at least one year.

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.

Can you file for Absolute Divorce in Virginia on Your Own?

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:

  • Are there children and have both parties agreed to custody and visitation?
  • Is the husband the father of all of the minor children of the wife?
  • Does the wife register as pregnant?
  • Is there real property (real estate), or an ongoing business being operated by one of the parties? Can all other property be divided without argument?
  • Are the parties fully aware of all debts incurred during the marriage and has there been agreement on who will pay each debt?
  • Does either party have a pension or retirement plan with his or her present employer, or from a past employer?
  • Will either party request alimony?
  • Is either party in the military?

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

There are two main types of divorce.

  • Uncontested: The parties get together a list all the assets, decide how to split everything evenly. The house could go to one of the parties if the other side is equally compensated. The two of you could decide the best thing to do is sell the house quickly.
  • Contested: The second type of divorce is less than amicable.  Movies about this type of divorce involving private detectives and war are a frequent subject. There is a serious concern by both parties that they will be able to enjoy their same lifestyle after the divorce. If the decision is made to sell the house, many parties to the divorce want things done quickly.

Divorce with Minor Children

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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Since our inception, we have been helping homeowners along with improving communities in every city in which we work.

We have extensive knowledge of the business, a network of resources, and years of expertise.  Obsidian Home Solutions can assist homeowners with a wide variety of real estate problems. We pride ourselves on our reputation for working one-on-one with each customer to handle their situations.

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