Law Offices of SRIS, P.C.

In calculating child support in Virginia, there are several factors that the court takes into consideration. The needs and income of both parties, the length of the marriage, the extent to which the finances of both parties have been commingled, the standard of living established during the marriage, the state of health of both parties. the contributions of each party to the marriage, the earning capacity and educational qualifications of both parties, and other similar factors. The reason for the separation of the parties is an important factor that the court considers when ordering alimony.

You can avoid paying child support in Virginia if you can establish that your spouse earns more than you or intentionally remains unemployed to receive your support. For these issues related to alimony, you should consult with a lawyer to guide you. In such cases, attorneys typically ask the court to order a vocational evaluation of the spouse requesting child support. This evaluation is generally unbiased and will reveal your spouse's skills and ability to be gainfully employed. In awarding child support, the court considers several factors, including the reasons leading to the divorce.

Full custody means that you are awarded sole and primary legal custody. The parent who is awarded full custody has physical custody of the child and is also allowed to decide on important matters in the child's life, such as education. To get full custody, you must file a petition with the court requesting full custody. Courts generally do not award full custody. Full custody is awarded only when there is overwhelming evidence in favor of awarding full custody. It is strongly believed that for the healthy progress of the child, access to both parents is important. In cases of drug abuse or other alcohol-related problems, full custody may be awarded.

To get custody of your child in Virginia, you must petition the court for custody. If you are filing for divorce, you can request that custody be awarded to you as part of your divorce petition. Both parents have the same rights to be awarded custody in Virginia. Before awarding custody, the court takes into account several factors, such as the health status of both parents, the standard of living offered by both parents, the ability of each parent to cooperate with the other in a parenting arrangement, the extent in which each parent supports the child's relationship with the other parent and other similar factors.

In custody cases involving single parents, the father must establish paternity over the child by signing an Acknowledgment of Paternity if the mother agrees or genetic testing can be performed to establish paternity of the child. Once paternity is established, both parties have the same custody rights and can petition the court to order custody. The court considers the standard of living, ability to care for the child, and other factors before ordering custody that is in the best interest of the child. In these cases, the court considers various issues, such as education, religion, extracurricular activities, and other factors.

Domestic assault charges can never be dropped in Virginia. A domestic assault case begins with a 911 phone call from the alleged victim or a formal complaint filed by the alleged victim. The role of the victim ends with the complaint. Once a complaint is filed, the case begins and ends with conviction or acquittal in court. However, an experienced attorney knows how to get charges dropped. A proper investigation with sufficient evidence can convince the prosecutor to drop the charges due to lack of evidence. The victim may be asked to give a statement clarifying their previous version of events.

For calculating alimony in Virginia, there are several factors that the court takes into consideration. The needs and income of both parties, the duration of the marriage, the extent to which the finances of both parties have been commingled, the standard of living established during the marriage, the health condition of both parties. the contributions of each party to the marriage, the earning capacity and educational qualification of both parties, and other such factors. The reason for the separation of the parties is an important factor that is considered by the court in ordering alimony.

To get custody of your child in Virginia, you need to petition the court for custody. If you are filing for divorce, you can request custody to be granted as part of your divorce complaint. Both parents have equal rights to be awarded custody in Virginia. Before granting custody, the court takes into consideration several factors such as the health condition of both parents, the standard of living offered by both parents, the ability of each parent to cooperate with the other for a parenting arrangement, the extent to which each parent supports the child’s relationship with the other parent and other such factors.

In custody cases involving unmarried parents, the father should establish his paternity over the child by signing an Acknowledgement of Paternity if the mother agrees or a genetic test may be performed to establish the child’s paternity. After paternity is established, both parties have equal custody rights and can petition the Court to order custody. The Court considers the standard of living, the ability to care for the child, and other factors before ordering custody that is in the best interests of the child. In these cases, the court considers several issues such as education, religion, extracurricular activities, and other factors.

You can never get your domestic assault charges dropped in Virginia. A domestic assault case begins with a phone call to 911 by the alleged victim or by a formal complaint lodged by the alleged victim. The role of the victim ends with making the complaint. Once a complaint is made, the case is initiated and ends with conviction or acquittal in court. However, an experienced lawyer knows how to get your charges dropped. A proper investigation with sufficient proof can convince the prosecutor to drop charges for want of evidence. The victim may be asked to give a statement that clarifies her previous version of events.

If your loved one has died, you are depressed and cannot proceed legally. Filing a wrongful death personal injury claim requires meeting certain requirements. Your claim includes claiming compensation for mental anguish, loss of comfort and orientation, loss of earnings of the decedent, medical expenses for the injury that resulted in death, and funeral expenses. Gathering evidence in support of your claim is an important step. Regardless of whether you want to contest the claim or settle the claim, you need favorable evidence to mark a beneficial settlement. The presence of evidence proving the defendant's guilt helps in an aggressive negotiation. Contact an attorney to get the compensation you deserve.

The initial steps of a personal injury case that involve gathering evidence on your behalf with the support of your attorney. Your attorney then sends a demand letter after discussing all aspects of the case with you. Fixing the liability of the defendant and explaining the loss suffered by the plaintiff are the main objectives of sending the demand letter. After sending the demand letter, the attorney checks the settlement options. When a settlement is not possible, a lawsuit is filed and discovery documents are exchanged between the parties. After discovery is complete, the case goes to trial and the final result is reached.

If a personal injury case has been filed against you, the other party must prove that their negligence resulted in the personal injury. Negligence occurs when you fail to perform a duty that you are required to do or when you fail to act with reasonable care. If you are guilty of violating reasonable standards of care and an injury is caused, you are legally responsible for the injury. In order for the plaintiff to obtain compensation in a personal injury case, the defendant's act of negligence must be proven beyond a reasonable doubt.

In Virginia, the statute of limitations for a personal injury claim is two years. This means that you must start your personal injury claim within two years of the injury. In cases of negligent failure to diagnose a malignant tumor or cancer, the statute of limitations is one year from the date of diagnosis. For medical malpractice actions, a general statute of limitations of two years applies in most cases. In cases where fraud, concealment, or intentional misrepresentation prevented discovery of the injury, the statute of limitations is two years from the date the injury is discovered. Take the help of our lawyer.

In Virginia, the limitation period for a personal injury claim is two years. This means you should initiate your personal injury claim within two years of the injury. In cases of negligent failure to diagnose a malignant tumor, or cancer, the limitation period is one year from the date the diagnosis. For medical malpractice actions general two-year statute of limitations is applicable in most cases. In cases where fraud, concealment, or intentional misrepresentation prevented discovery of the injury, the limitation period is two years from the date the injury is discovered. Take the help of our attorney.

If a personal injury case has been filed against you, the other party should prove you’re your negligence resulted in the personal injury. Negligence is caused when you fail to perform the duty you are obliged to do or when you fail to act with reasonable care. If you are guilty of breaching reasonable standards of care, and injury is caused, you are legally liable for the injury. For the plaintiff to obtain compensation in a personal injury case, the defendant’s act of negligence should be proved beyond reasonable doubt.

If your loved one has died, you are depressed and are unable to proceed legally. Filing a personal injury claim for wrongful death requires compliance with certain requirements. Your claim includes claiming compensation for mental anguish, loss of comfort and guidance, loss of income of the deceased, medical expenses for the injury that resulted in death and funeral expenses. Gathering evidence in support of your claim is an important step. Regardless of whether you wish to contest the claim or settle the claim, you need favorable evidence to chalk out a beneficial deal. The presence of evidence that proves fault on the defendant helps in aggressive negotiation. Contact an attorney to get the compensation you deserve.

Your driving record and criminal history will be affected by the DUI. Upon receiving a DUI conviction, six demerit points may be added to your driving record and this remains on your record for 2 years. Additionally, the DUI offense remains on the driving record for 11 years. A DUI conviction has a detrimental impact on your criminal record, as it stays on the criminal record forever. A DUI expungement from your criminal record is only possible if you can prove that you were wrongly convicted. It is important to have your DUI dismissed to avoid these consequences.

There are several ways a DUI affects your insurance rates. Upon seeing a DUI conviction on your record, insurance companies classify your insurance as high risk insurance and will increase your rates. If a driver is convicted of DUI, proof of financial responsibility is required by law before driving rights are reinstated. This increases the insurance coverage limits for the DUI driver compared to other drivers. This requirement may exist for at least 4 years, but the DUI exists on your driving record for at least eleven years. As long as the DUI shows up on your driving record, your insurance rates may not be reduced.

Your driving record as well as your criminal record will be affected by the DUI. On receiving a DUI conviction, six demerit points may be added to your driving record and this stays on your record for 2 years. Additionally, the DUI offense stays on the driving record for 11 years. A DUI conviction has a detrimental impact on your criminal record as it stays on the criminal record forever. Expungement of the DUI offense from your criminal record is possible only if you can prove that you were wrongly convicted. It is important to get your DUI dismissed to avoid these consequences.

There are several ways in which a DUI affects your insurance rates. On observing a DUI conviction on your record, insurance companies classify your insurance as high-risk insurance and will increase your rates. If a driver is convicted for DUI, the law requires submission of proof of financial responsibility before driving rights are restored. This increases insurance coverage limits for the DUI driver as compared to other drivers. This requirement may exist for at least 4 years but the DUI exists on your driving record for at least eleven years. As long as the DUI is shown on your driving record, your insurance rates may not be reduced.

Being charged with a DUI does not mean you will be convicted. A DUI charge can be dismissed with a number of defense strategies, such as showing there was no reasonable basis to charge you or establishing a lack of probable cause. Another important defense strategy is to challenge DUI field sobriety test results, which in turn results in the test results being inadmissible in the case. In cases where constitutional rights are violated, the DUI charge can be dismissed by suppressing all evidence obtained through the violation of the defendant's rights. Getting the help of an attorney to get your charge dismissed can make things easier for you.

You can get your license back after a DUI in Virginia after meeting certain requirements. Some of the requirements you must meet include paying all required court costs and fines. If your case requires attending a driver improvement clinic or completing a Virginia alcohol safety action program, you must complete the program to apply for reinstatement. You are also required to pay the reinstatement fees. There is a form called an SR-22 form that must be submitted to reinstate your license. This form indicates that your insurance provider has obtained high-risk auto insurance. By meeting these requirements, you can reinstate your license.

A DUI conviction can affect your driving record and criminal record. Upon conviction of DUI, you will be assessed six demerit points on your driving record which can remain on your driving record for 2 years and the DUI offense remains on your driving record for 11 years. As far as your criminal record is concerned, the DUI conviction stays on your criminal record forever. You can successfully remove the charge from your criminal record only if you can prove that you were wrongly convicted. Considering the consequences of a DUI conviction, it is advisable to dismiss the charge by hiring a qualified attorney.

In Virginia, if the driver's speeding behavior indicates that they are operating the vehicle at a speed of more than 20 miles per hour or more over the specifically listed maximum speed limit, the act is considered reckless driving and may be imposed. a charge. It is also considered reckless driving if a driver operates the vehicle in excess of 80 miles per hour, regardless of what the maximum posted speed limit is. Any act of operating a vehicle at an excessive speed that could cause harm to life or property is also considered a reckless driving offense in Virginia.

Being imposed with a DUI charge does not mean that you will be convicted. A DUI charge can be dismissed with a number of defense strategies such as proving that there was no reasonable basis to charge you or establishing a lack of probable cause. Another important defense strategy is challenging the results of the DUI field sobriety tests which in turn results in the inadmissibility of the test results in the case. In cases where constitutional rights are violated, the DUI charge can be dismissed by suppressing all evidence obtained by violating the rights of the defendant. Taking an attorney’s assistance in dismissing your charge can make things easier for you.

You can get the license back after a DUI in Virginia after you fulfill certain requirements. Some of the requirements you should fulfill include paying all required court costs and fines. If your case requires attending a driver improvement clinic or completing a Virginia Alcohol Safety Action program, you need to complete the program to apply for reinstatement. You are also required to pay the reinstatement fees. There is a form named, SR-22 form, that has to be submitted for reinstating your license. This form indicates that your insurance provider has obtained high-risk auto insurance. On complying with these requirements, you can reinstate your license.

A DUI conviction can affect your driving record as well as your criminal record. On being convicted of DUI, you will be imposed with six demerit points on your driving record that can remain on your driving record for 2 years and the DUI offense remains on your driving record for 11 years. As far as your criminal record is concerned, the DUI conviction stays on your criminal record forever. You can successfully expunge the charge from your criminal record only if you can prove that you were wrongly convicted. Considering the consequences of a DUI conviction, it is advisable to dismiss the charge by retaining a qualified lawyer.

In Virginia, if the speeding behavior of the driver indicates that he is operating the vehicle at a speed of more than 20 miles per hour or more over the specifically mentioned maximum speed limit, the act is considered reckless driving and a charge can be imposed. It is also considered reckless driving if a driver operates the vehicle faster than 80 miles per hour regardless of whatever may be the specified maximum speed limit. Any act of operating a vehicle at an excessive speed that could cause harm to life or property is also considered a reckless driving offense in Virginia.

The Internet will provide you with information on various Do-It-Yourself forms that can help you get divorced in Virginia. However, considering the practical difficulties involved in filing for divorce in Virginia, it is important to have the professional guidance of an attorney. Filling out the required forms for divorce is complex. Any mistake you make at the initial stage can alter the outcome of your case. There are several issues related to Virginia divorce, such as alimony, child custody, and property division after divorce. You cannot resolve these issues favorably without the support of an attorney.

Getting a divorce in Virginia requires that you meet several legal requirements, such as establishing residency for either party for at least six months before filing for divorce. If you are filing for an uncontested divorce, you must comply with the legally required period of separation. In some cases, marital conflict between the parties requires the filing of a contentious divorce. In such cases, you must file your divorce on legally recognized grounds in Virginia. Some of the legally recognized grounds include adultery, cruelty by one party to the other, willful desertion, spouse's conviction of a Virginia felony.

A divorce in Virginia becomes final after the judge affixes his or her signature to the final divorce decree. The parties who have been divorced cannot remarry immediately after the divorce. The law requires the newly divorced party to wait for the 30-day appeal period to expire. After the expiration of 30 days from the date of the final decree of divorce, the person may remarry. It is important to legally end your first marriage before proceeding with your new marriage to eliminate the chances of being accused of bigamy. Also, an existing marriage invalidates the second marriage.

The answer to the question, "How long does a divorce take?" it depends on whether the parties are seeking a contested divorce or an uncontested divorce. An uncontested divorce proceeds more quickly, while the time required for an uncontested divorce depends on a number of factors. When the parties can agree on all related issues, such as support payments and property, an uncontested divorce is appropriate. The requirements for an uncontested process are the period of separation and an agreement between the parties. The uncontested process can be completed in three months, while the contested divorce can last for a year.

To start a divorce in Virginia, you must meet certain conditions. One of the first conditions is related to meeting residency requirements as specifically mentioned in Virginia law. The law requires that the complainant or spouse be a resident of Virginia for a period of six months prior to filing. The period of separation for an uncontested divorce without children is different from divorce cases with children. When there are no children and the parties have a separation agreement, the required period of separation is six months. When there are children, the separation period is 12 months.

How to prove cruelty for divorce in Virginia? Cruelty is not easy to prove, unless you have clear proof that your spouse has hurt you physically or emotionally and caused you to fear for your safety in your home, then you can file for cruelty divorce. Virginia law allows you to file for a fault or no-fault divorce. If you and your spouse agree to end the marriage, then you will opt for a no-fault divorce. Otherwise, you may be able to file for a fault divorce. Cruelty is one of the guilty grounds for divorce. Virginia divorce law requires proof of cruelty or reasonable fear of bodily harm. An act of physical violence, endangering life or limb, including physical or mental torture, use of abusive language, humiliating statements, and willful neglect can also constitute cruelty.

“How long does it take to get a divorce in Virginia?” It depends on the facts and circumstances of each case, if you file for a divorce based on no-fault grounds, you can get a divorce within two to three months, as long as you have been separated for a period of at least six months and it came to a written settlement agreement and you do not have any children born of this marriage, or you must wait for at least a 12-month period. An uncontested divorce proceeds more quickly, while the time needed for an uncontested divorce depends on several factors. In a fault-based contested divorce, you must establish any of the grounds such as adultery, cruelty, willful desertion, and abandonment. It will take more than a year to get a fault divorce.

You will file a divorce petition and related forms with the appropriate court without the assistance of an attorney. You can obtain the required documentation online by visiting the state's website. The divorce petition must have basic information such as residence requirements, grounds for divorce, the intention of the parties, date of marriage, date of separation, place of separation, reason for separation, number of children born out of wedlock between the parties etc. Aside from that, you'll also need to complete a cover sheet and a state-specific form titled Report of Divorce or Annulment of the Commonwealth of Virginia (Form VS-4). You will also need to pay the appropriate filing fee. However, considering the practical difficulties involved in filing a Pro Se divorce, it is important to obtain the proper professional guidance from an experienced attorney.

To file for divorce in Virginia, you must show that either of you resides in the state of Virginia for at least six months before filing for divorce. You can file for a fault divorce or a no-fault divorce. A no-fault divorce is based on separation grounds. You must wait at least a period of six months as long as there are no children born of this marriage and you must sign a separation agreement in writing. Otherwise, you must wait for at least a period of 12 months. It should be noted that such separation must be uninterrupted. Additionally, you can also file for a divorce based on fault grounds such as adultery, cruelty, willful desertion, and abandonment. On the basis of the evidence presented to the Court in support of the defective grounds, the Earl may enter the decree of divorce.

To obtain a divorce in Virginia, you or your spouse must reside in Virginia for at least six months before filing for Divorce. You can proceed with a contested or uncontested divorce. An uncontested divorce is based on a period of separation. If the parties have no children and have a written separation agreement, then the required period of separation is six months; otherwise, the parties must wait a period of at least 12 months. The law also mentions that the separation must continue without interruption. Another way to obtain the divorce by contested route, for the following reasons; adultery, cruelty, voluntary desertion and abandonment. In the divorce process, the plaintiff is the one who initiates the lawsuit. A complaint is filed against the defendant. Upon receiving the demand, the defendant provides an answer and a counterattack. Taking into account the facts presented by both parties,

It is not impossible to obtain a divorce in Virginia without an attorney, but it is difficult. In addition to meeting various legal requirements, such as submitting proof of residency, the divorce process involves a series of forms that must be filed with the court. If you decide to proceed without a lawyer, the process will be flimsy and you will lose yourself in the complex requirements of compliance. If you make any mistakes in filing or fail to follow the procedural requirements, your divorce will be negatively affected and you may get an unfavorable order.

In practical terms, if you file for divorce first in Virginia, you can control each step early in the process. When you file your first application, you set the pace for the process. Also, you have the opportunity to speak first in court when the divorce goes to trial. Aside from these advantages, there is no other significant gain in filing first. The Court adjudicates your case without prejudice, regardless of who filed it first. You cannot get a favorable order simply because you filed for divorce first. Facts and evidence are examined without bias during the hearing.

It depends on several factors, including how aggressively you argue your case. In general, contentious divorces last for several months and are very time consuming. The time it takes for a contested divorce differs depending on the facts and circumstances of each case and is more expensive. Uncontested divorces are less expensive and one can get a divorce in a couple of months if both parties have agreed to settle their disputes amicably and have reached an agreement in writing. Uncontested divorce can also be called a no-fault divorce obtained on the basis of separation, but a contested divorce involves different grounds, such as cruelty, adultery, and abandonment.

How to file for divorce in Virginia? Virginia divorce law specifically states that in order to file for divorce in Virginia, either party must reside in Virginia for at least six months before filing for divorce. If the residential condition is met, you can file for divorce. You can proceed with a contested divorce or an uncontested divorce. Uncontested divorce is based on separation, a no-fault ground. The period of separation must be at least six months, provided there are no children and you have signed a written conciliation agreement. In other cases, a period of twelve months must be waited, and the period of separation must be uninterrupted.

In Virginia, property distribution in divorce proceedings is challenging. Getting a divorce in your favor is much easier than getting the house. The distribution of property depends on whether the property is marital property or separate property or a hybrid property. If the house was purchased before the marriage or was purchased with the income from the separate property or by inheritance, then it is separate property, you can get the house. Property acquired or earned during the marriage is marital property. If the property of the house is marital, you can obtain a part of the house.

Fees for filing a divorce in Virginia change depending on the County in which the divorce is being filed. The total cost of the divorce includes court filing fees, attorney fees; in addition to the costs of hiring an expert if your case requires an expert. Therefore, the cost of a divorce depends on the fact of each case. If your case involved children, property, and any serious accusations against your spouse, your divorce may involve more charges. An important part of the actual costs of a divorce are the fees to be paid to the attorney you hire. Lawyers charge by the hour.

It is not impossible to get a divorce in Virginia without a lawyer but it is difficult. In addition to complying with several legal requirements such as submitting proof of residence, the divorce process involves a number of forms to be filed in Court. If you decide to proceed without a lawyer, the process will be tenuous and you will be lost in the complex requirements that require compliance. If you were to commit any mistake in the filing or fail to comply with procedural requirements, then your divorce will be adversely affected and you may get an unfavorable order.

Practically speaking if you file for divorce first in Virginia, you can control every step at the beginning of the process. When you file first, you set the pace of the process. Also, you get the chance to speak first in Court when the divorce comes for trial. Other than these advantages, there is no other significant gain in filing first. The Court adjudges your case without any bias regardless of who filed first. You cannot get a favorable order merely because you filed for divorce first. The facts and evidence are viewed without any bias during the hearing.

To finalize a divorce in Virginia, the time taken depends on whether you are choosing to divorce by the contested process or the uncontested process. If the parties have no disagreement on important issues such as support and property division, then the divorce process can be completed between two to three months. However, if the parties are disagreeing on major issues, then the process may prolong up to eighteen months. If the divorce involves complex issues which both parties are aggressively arguing the divorce can take time to finalize. Consulting with a lawyer can help you decide how to proceed.

It depends on various factors including how aggressively you defend your case. In general, contested divorces go on for several months and are time-consuming. The time taken for a contested divorce differs based on the facts and circumstances of each case and is more expensive. Uncontested divorces are less expensive, and one can obtain the divorce in a couple of months if both parties have mutually agreed to settle their disputes amicably and have entered a written agreement. The uncontested divorce can also be called a no-fault divorce obtained based on separation, but a contested divorce involves different grounds such as cruelty, adultery, and desertion.

How to file a divorce in Virginia? Virginia Divorce law specifically states that in order to file a divorce in Virginia, either of the party must reside in Virginia at least for a period of six months before filing a divorce complaint. If the residential condition is satisfied, then you can file a divorce complaint. You may proceed with either a contested divorce or an uncontested divorce. The uncontested divorce is based on separation, a no-fault ground. The period of separation should be at least six months, provided, there is no child and you entered a written settlement agreement. In other cases, you have to wait for a period of twelve months, and the separation period should be uninterrupted.

The fees to file a divorce in Virginia change according to the County in which you are proceeding with the divorce. The total cost of divorce includes the Court filing fees, attorney’s fees; in addition to, costs of hiring an expert witness if your case requires an expert. Therefore the cost of a divorce depends on the fact of each case. If your case involved children, property, and any serious allegation against your spouse, your divorce may involve more charges. A major part of the actual divorce costs is the fees payable to the attorney you retain. Lawyers charge on an hourly basis.

The internet will provide you with information about various Do It Yourself forms that can help you get a divorce in Virginia. However, considering the practical difficulties involved in filing a divorce in Virginia, it is important to take professional guidance from a lawyer. Filling the forms required for divorce is complex. Any error you commit in the initial stage can alter the outcome of your case. There are several issues connected to the Virginia divorce such as alimony, child custody, and dividing property after the divorce. You cannot resolve these issues favorably without taking the support of a lawyer.

Getting a divorce in Virginia requires you to comply with several legal requirements such as establishing either parties’ residence for at least six months before filing the divorce. If you are proceeding with an uncontested divorce, you should fulfill the legally required separation period. In some cases, the marital conflict between the parties requires a contested divorce to be filed. In such cases, you should file your divorce under the grounds legally recognized in Virginia. Some of the grounds legally recognized include adultery, cruelty by one party against the other, willful desertion, the spouse being convicted of a felony in Virginia.

You will file a divorce complaint and related forms with the applicable Court without a lawyer’s assistance. You can obtain the required documentation online by visiting the state's website. The Divorce complaint must have the basic information such as residential requirement, grounds for divorce, the intention of the parties, date of marriage, date of separation, place of separation, the reason for the separation, number of children born out of the wedlock between the parties, etc. Apart from that, you will also need to complete a cover sheet and a state-specific form titled Commonwealth of Virginia Report of Divorce or Annulments (Form VS-4). You will also need to pay the appropriate filing fee. However, considering the practical difficulties involved in filing a divorce as a Pro Se, it is important to take proper professional guidance from an experienced attorney.

To file a divorce in Virginia, you must show that either of them resides in Virginia State at least six months prior to filing the Divorce Complaint. You may file a complaint either a fault divorce or a no-fault divorce. A no-fault divorce is based on separation grounds. You must wait at least for a period of six months provided there are no children born out of this marriage and must enter a written separation agreement. Otherwise, you must wait at least for a period of 12 months. It is to be noted that such separation should be uninterrupted. Further, you can also file a divorce based on fault grounds such as adultery, cruelty, willful desertion, and abandonment. Based on the evidence produced before the Court in support of the faulty grounds, the Count may enter the divorce decree.

How to prove cruelty for divorce in Virginia? Cruelty is not easy to prove, unless you have clear evidence of your spouse has physically or emotionally harmed you and caused you to fear for your safety in your home, then you may file a divorce on fault grounds for cruelty. Virginia law allows you to file a divorce on either fault or no-fault grounds. If you and your spouse agree to end the marriage then you go for a no-fault divorce. Otherwise, you may be able to file a divorce on a fault ground. Cruelty is one of the fault grounds to obtain a divorce. The Virginia divorce law requires proof of cruelty or reasonable apprehension of bodily hurt. An act of physical violence, endangering the life and limb, either physical or mental torture, use of abusive language, humiliating statements, and wilful neglect can also constitute cruelty.

For initiating divorce in Virginia, you are required to comply with certain conditions. One of the first conditions is related to meeting the residency requirements as specifically mentioned under Virginia law. The law requires that the complainant or the spouse should be a resident of Virginia for a period of six months before filing. The separation period for an uncontested divorce without children is different from divorce cases involving children. When there are no children and the parties have a separation agreement, the required period of separation is six months. When there are children, the separation period is 12 months.

The answer to the question, “How long does a divorce take?” depends on whether the parties are seeking a contested divorce or an uncontested divorce. An uncontested divorce proceeds more quickly while the time taken for the contested divorce depends on a number of factors. When parties are able to agree about all related issues such as support payments and property, an uncontested divorce is suitable. The requirements for an uncontested process are the separation period and an agreement between the parties. The uncontested process can be finalized in three months while contested divorce can go on for a year.

A Virginia divorce becomes final after the judge affixes his signature on the final divorce decree. Parties who have got divorced cannot remarry immediately after the divorce. The law requires a party who has just got divorced to wait for the expiry of the deadline for appeal which is 30 days. After the expiry of 30 days from the date of the final divorce decree, the individual can remarry. It is important to legally end your first marriage before proceeding with your remarriage to eliminate the chances of being charged with bigamy. Also, an existing marriage invalidates the second marriage.

The law also mentions that the separation should be continued without any interruption. Another way of obtaining a divorce through contested, on the following grounds; adultery, cruelty, willful desertion, and abandonment. In the divorce process, the plaintiff is the one who initiates the complaint. The complaint is filed against the defendant. On receiving the complaint the defendant provides a response and a counter. Considering the facts presented by both parties, the Court enters a divorce decree.