Virginia No Fault Divorce

Divorce Papers > No Fault Divorce > Virginia No Fault Divorce

The Circuit Court that is situated in the county or city in which the divorcing partners last resided with each other or wherein the Defendant stays is the proper venue for filing the divorce papers. When the situation is such that the Defendant is not living in this state, then the Circuit Court in the county wherein the Plaintiff resides may be selected. Another point to note is that if the Defendant is not residing in this state, issues like support rights or property rights cannot be impacted by the divorce process.

Grounds of Virginia No Fault Divorce

• If the divorcing partners do not have minor children that are less than 18 years of age and if the divorcing partners have signed a separation agreement following a continuous separation of 6 months, then the divorce may be granted.
• In those cases in which the separation agreement has not been signed by the divorcing partners, they have to complete a separation period of 1 year in the absence of cohabitation.

Residency requirements of Virginia No Fault Divorce

One or both the divorcing partners must be staying in this state at least for 6 months immediately prior to the date on which the divorce papers are filed.

If military personnel wish to apply for a divorce in this state, then such a member must be stationed in this state and must really stay in this state for minimum 6 months prior to the filing of the divorce papers.

The Complaint of Divorce

This is the first document that should be essentially filled before applying for a divorce. The constituents of this document are the legal elements and essential factual allegations. When these are supported by evidence, the court reaches a conclusion that the applicant is eligible for divorce. Some of these constituents are as follows.

• Whether the divorcing partners have any children?
• The military status, mental competency and age of both the divorcing partners
• The reason why the applicant has initiated the case in this state and more particularly, the reason why it is being applied in the specific county or city
• The location and date of marriage
• The date of separation of the parties
• A statement that means the separation period was started by the divorcing partners to stay apart and separate permanently
• In case, their was no aim of divorce when the separation started, then when was such an intention formed

Lastly, there is a request in the Complaint that the court may grant the person for filing the divorce from the other partner

When the Plaintiff (the person filing for divorce) initially visits the attorney, the Complaint for Divorce is filled by the attorney. The lawyer then retains this document for about a week. When this period is complete, then the Plaintiff must visit the lawyer again and re-read the document to ensure it is 100 percent accurate. There should not be any errors like spelling mistakes or wrong dates. It has been observed that the lawyer generally does not make mistakes, but some spellings are ambiguous. After checking the document thoroughly, the Plaintiff must sign it.

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