Virginia Divorce Law

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Virginia Divorce Guidelines

Virginia's Residency Requirements

Either spouse must have been residents of Virginia for 6 months or more before filing for divorce.

Virginia's Grounds for Divorce

Virginia residents may file for divorce under fault or no-fault grounds.

Virginia's no-fault grounds include:

  • living separate and apart without cohabitation for 1 year or more
  • living separate and apart without cohabitation for 2 years or more under a separation agreement, if there are no minor children involved

Virginia's fault grounds include:

  • adultery
  • conviction of a felony and imprisonment for 1 year or more
  • willful desertion
 

Virginia's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Virginia court will make a ruling.

Virginia courts consider factors such as:

  • each parent's past performance of parental duties
  • the material, mental, and physical needs of the child
  • the wishes of the child
 

Virginia's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Virginia courts consider factors such as:

  • the standard of living the child experienced before the divorce
  • each parent's financial resources, earning capacity, and asset
  • physical, emotional, and educational needs of the child
 

Virginia's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Virginia courts consider factors such as:

  • duration of the marriage
  • the standard of living experienced during the marriage
  • any custodial arrangements
  • each spouse's financial resourced, earning capacity, and assets
 

Virginia's Property Division Guidelines

Virginia has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Virginia courts consider factors such as:

  • duration of the marriage
  • each spouse's contribution to the acquisition and maintenance of the property
  • whether one spouse contributed to the other's education, career, and earning capacity
 

Virginia's Venue Guidelines

A petitioner may file the divorce forms in their Virginia county of residence, or in the respondent's Virginia county of residence.

The divorce forms may also be filed in the last Virginia county of residence the spouses resided in together.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

"Thanks SO much!! You helped make my divorce filing so much easier with this website!! "

Paige from Richmond, VA
Jun 18, 2012
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"The whole process has been easy and simple, very affordable. The interview is easy but covers everything. My divorce is amicable and we do not have minor children, so this was a no brainer. I am pleased with the process.
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Joana isabel from Fairfax, VA
Jul 16, 2014
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"Good affordable service, it takes your time and effort but all the questions are here all you have to do is answer them"

Luis from Sterling, VA
Dec 7, 2014
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We offer more than a divorce preparation service:

Instant Document Completion: All forms completed in real time and available for instant filing and delivery to the court house in your area.

Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

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