10 Frequently Asked Questions about Northern Virginia Divorce Law

Posted on: April 21, 2016

When you decide to file divorce in Northern Virginia, you may have some questions about the process. Whether you’re concerned about custody, assets, or your legal rights, it’s important to find the right answers so that you can be well-informed during the course of your divorce.

At Graham Law Firm, PLLC, our trusted divorce lawyers and family law attorneys can answer any of your pressing divorce questions. In fact, we’ve provided some answers to commonly asked questions about divorce law in Northern Virginia.

If you’d like to talk to one of our divorce lawyers or family law attorneys, contact us at 703-687-6817!

  • Common Questions About Virginia Divorce Law

    Why do I need a divorce lawyer?

    In Virginia, the domestic relations laws are complex and oftentimes confusing. Because all divorce cases are different, it can be difficult to understand the ins and outs of divorce law! Your case is unique and specific, so you should know your rights—and a reliable divorce lawyer will make sure that you understand the circumstances of your case.

    Do I need to live in Virginia to get divorced in Virginia?

    Either you or your spouse must be permanently residing in Virginia for at least six months before you can file for divorce in Virginia. Consult an attorney to make sure you file for divorce in the right jurisdiction.

    What should I do if I depend on my spouse’s income?

    There are a few answers to this question. On one hand, you may be eligible to collect spousal support, which requires your former spouse to pay you a decided upon amount of money each month. This could last for a certain amount of time or it could be indefinite. Other times, a lump sum of spousal support may be the answer. This money may be used towards your monthly expenses or it could allow you to complete schooling, training, or something else that would allow you to gain the tools to support yourself.

    What are the grounds for divorce in Virginia?

    According to Section 20-91 of the Code of Virginia, adultery, felony conviction, cruelty, bodily harm, and abandonment are all grounds for divorce. You can also file a no-fault divorce if you’ve had a six-month long separation where the parties have no minor children or a twelve-month separation where the parties do have minor children.

    How do I find out more about my spouse’s assets?

    It can be challenging to pinpoint every asset that could be part of the division process. However, a lawyer can learn more about this information by using the “discovery” process. During this process, your lawyer can file interrogatories, Requests for a Production of Documents, a Request for Admissions, and a subpoena to require third-parties to be questioned during a depositions or bring forth important documents.

    Do I need a written agreement to separate?

    Legal separation does not require an agreement; separation is solely based on the physical separation between the spouses as well as the intent to be separated.

    Do I need a written agreement to file for divorce?

    In most cases, no. However, rare cases will not allow you to get divorced in Virginia unless all issues are present before the court—this includes support, property, custody issues, and more. Consult an attorney before court in order to make sure your rights are fully protected.

    How long will the divorce process take?

    Because every case is different, there is no definite timeline for divorce cases. Virginia requires a six-month separation period for no-fault parties with no minor children and a twelve-month separation period for no-fault parties with minor children, so it could be beneficial to enter into a Marital Settlement Agreement during the separation time.

    What are my resolution options for my divorce?

    There are several options, including litigation, mediation, and collaborative divorce. Finding the right lawyer to help you reach this resolution is an important part of the divorce process.

    Where can I find a divorce lawyer in Northern Virginia?

    No matter the details of your divorce case, the award-winning divorce lawyers and family law attorneys at Graham Law Firm, PLLC, can provide trusted expert legal counsel and representation for you. We’ve helped thousands of families in the Northern Virginia area reach divorce settlements through our mediation, litigation, and collaborative divorce services. It is our goal to find the best solution for you. With over 23 years of experience in divorce law, we can help you navigate the laws in Northern Virginia while giving you knowledgeable advice and counsel.

    To schedule a consultation for divorce, child support, equitable distribution, or another family law concern, contact Graham Law Firm today.

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