START YOUR VIRGINIA DIVORCE.

A divorce filed in the State of Virginia is a fairly simple process.  We will provide step-by-step instructions, and our support department is always available to help you complete your Virginia divorce filing.

Before you file your divorce in Virginia, you should be aware of some of the laws regarding a divorce that is filed in the State of Virginia:

• You must reside in the State of Virginia for a period of 6 months prior to filing your divorce.
  
• A person in the military stationed in Virginia must reside in Virginia for 6 months before filing.
• Most divorces are filed as a "no-fault" divorce on the claim of living separate 1 year, or upon living apart for 6 months if the parties are willing to sign a separation agreement.  You can also file on the grounds of Adultery, conviction of a felony or incarceration for 1 year, and other grounds.  (See Virginia Code - Title 20 - Sections: 20-91)
  
• Property and debt distribution in Virginia is based on equitable distribution.
• Alimony is dermined by the Judge's descretion, taking into affect the length of marriage, age of spouses, earning capacities, amoung other factors.
  

Virginia Child Custody, visitation and support.

Most couples are in agreement with the custody of their children.  This is usually the best for your child(ren), as the parents have the knowledge to know what is best for the child(ren).  If the court's get involved to make decisions, the court's in Virginia consider factors such as the physical, emotional, religious and social needs of the child.

In our questionnaire, we will ask you questions about the custody of your children, including who will be the primary custodial parent, visitation and support.  This allows to to properly prepare the custody provisions of the divorce forms that will be filed with the court.

In a small number of cases, one parent will need special provisions, such as supervised visitation, or provisions for out-of-state travel.  We will include all these necessary provisions.

If the court must get involved in determining custody, it will award custody to the father or mother (sole custody or joint custody) on the basis of what is in the child's best interest.  Virginia Code,Title 20, Sections: 20-107.2 gives you information on what is writing in the laws of Virginia.

Child Support in Virginia

Child support in Virginia can be an agreed upon amount or it can be pursuant to the Virginia child support guidelines.  The Virginia child support guidlines takes into consideration the income of both parents, the parenting time, and determines the amount of support to be paid by the non-custodial parent.  For more information, see Code of Virginia; Title 20, Sections 20-107.2, 20-108.1, and 20-108.2.

Division of marital property and debts.

Many customers have been separated and have already split their property, and made decisions on how the debts of the marriage will be paid. 

If the court's get involved with the distribution of marital property, Virginia is an "equitable distribution" state, meaning the property is divided on the basis on what the court determines to be most fair to both parties.  This doesn't necessarily mean the property and debts are split equally, but rather on what it deems as most fair.

Although most customer have already divided property, and don't require the divorce forms to include any division of property or debts, we can get as detailed as necessary.  We handle the division of multiple homes and/or investment properties if needed. 

When the parties can't agree on the division of property, the courts in Virginia will follow equitable distribution laws.