In a Virginia divorce, you must live separate and apart for either 12 months with kids or 6 months without kids in order to file a no- fault divorce. All divorces in Virginia must be based on grounds. They are bound by that date. The Mediated Property Settlement Agreement is a contract which is enforceable in a court of law. To begin the 12 or 6-month countdown for a no-fault divorce, the clock starts running when the parties agree it starts or started running. If the coupe is still living under the same roof -- which is permitted in Virginia -- choosing a date of separation is more art than science.
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Legally divorcing in Norfolk, Chesapeake, Virginia Beach or anywhere in Virginia requires that either you or your spouse be a resident of Virginia or a member of the armed forces stationed in Virginia for six months. To obtain an uncontested divorce, either spouse can file for divorce provided the two parties have lived separate and apart for at least one year, and the divorce papers claim that irreconcilable differences have caused a breakdown in the marriage. If the couple does not have children, the spouses can enter into a separation agreement and receive their divorce after being separated for only six months. For a contested divorce, if the spouses are separated less than one year and are not in agreement that a divorce should occur, the spouse seeking a divorce must prove specific grounds for divorce.
The decision to end a marriage is one few people take lightly. However, once the hard choice is made, most people want to move on as quickly as possible, and finalizing the divorce is a big part of that. The laws in the state where you live dictate how quickly that can happen. The primary considerations in determining how quickly you can get divorced in your state are the following:.
If you are in the process of getting a divorce, you and your spouse may be emotionally and physically separated, even if your divorce is not yet finalized. This may mean that in your heart, you have split from your spouse, and may have even moved on to a new love interest. While emotionally you may be ready to hop back into the dating game, legally, there could be consequences.
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