Virginia Divorce Questions

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To end a marriage legally, at least one of the married partners need to file for divorce. As a layman you will find it difficult to understand legal terms. It is essential that you get information related legal procedures followed in the state where you are planning to file a divorce. The grounds of divorce are an important aspect that one needs to know. The person filing for divorce needs to understand the grounds that are acceptable in Virginia. The Virginia divorce questions listed below and their answer will resolved your queries.

The examples of Virginia divorce questions are as follows:

Q. What grounds of divorce are recognized in this state?


No Fault Grounds

  • The divorcing partners have resided apart and separate in the absence of cohabitation for an uninterrupted span of 1 year
  • The divorcing partners have resided apart and separate in the absence of cohabitation for 6 months and the following conditions are fulfilled
    • There are no adopted children
    • There are no children of the marriage
    • The partners have entered in a separation agreement
Fault Grounds
  • One or both partners are guilty of abandoning the other, willful desertion, bodily harm, reasonable apprehension or cruelty
  • Conviction of a felony and being punished to confinement for more than 1 year
  • Adultery or Buggery or Sodomy outside marital life

Q. Consider that one married spouse is living separate and dating. Can the other spouse charge an adultery case on the partner?

A. The technical definition of adultery is to have a sexual relation with a person other than the legal partner while the marital status exists. In Virginia, dating other people while the marital status exists can be categorized as adultery. In such circumstances, the other spouse can claim a dissolution of marriage under fault grounds.

Q. Is child custody dependent on the income of the parents?

A. No. The judge does not take into account the income of the parent while awarding child custody. Some of the factors that are considered are medical facilities, financial issues, attitude etc

Q. Explain the difference between the two: sole custody and joint custody?

A. Sole Custody means that one of the parents is granted child custody. The other parent is given visitation rights. The parent who is granted child custody has all the decision making rights regarding the child. The authorized parents takes decisions related to education, medical care, religion, and other important decisions that can affect the well-being and welfare of the child.

Joint Custody means that both the parents are given the legal custody of the child. They both are given decision making authority of the child. They both are given rights to make decisions related to child's religion, education, medical care, and all other important aspects that will affect the well being and welfare of the child.

Q. What is the correct venue to file divorce papers?

A. The county wherein the divorce papers are filed is selected as follows.

  • Wherein the partners last cohabited
  • If the Defendant is a resident of this state, then the county in which the Defendant resides
  • If the Defendant does not live in this state, then the county in which the Plaintiff resides

After the county has been selected as per the above mentioned criteria, then, the Circuit Court, Chancery Side is the proper venue where the divorce papers should be filed.

Q. Explain details about how the marital property is distributed?

A. The marital property is that which is attained by both spouses in marital life. The division of property and debts is done as per the principle of equitable distribution. The court uses its wide discretion in employing this principle.

The separate property is that which is attained prior to marriage or during the marital life by gift or inheritance. If such a property or the income of such property is not used for the common benefit of the partners during marital life, then this property is not divided at all.

However, if the separate property or the income of this property is used for the common benefit of the divorcing partners, then the principle of equitable distribution is applied to this separate property. The court considers the frequency of use in finalizing the distribution.

The Virginia divorce questions and answers mentioned here would help you in understanding the important legal procedures followed in this state. The couple thinking about getting divorced need to aware about issue related to marital property, child custody, alimony. They also need to know legal terms such as Plaintiff, Defendant, grounds of separation, alimony etc. One needs to be aware about the issues faced during the division of separate and marital property.

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