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Filing for a divorce in Virginia can not only be emotionally painful, but it can be confusing as well, especially if your spouse doesn’t want to separate. Before filing, there are several things you need to know about Virginia’s divorce laws and how specific grounds for divorce may impact your claim.

Legal Grounds for a Virginia Divorce

In order to file for divorce in Virginia, you or your spouse must have been a state resident for at least six months. Once you can establish residency, you must then establish the grounds or reasons for the divorce; if no reasons can be claimed, a divorce may not be considered appropriate or pertinent enough to be granted.

There are two separate grounds classifications for divorce: No-fault and fault-Based

No-fault divorce is generally classified when the reason behind the separation is claimed by either you or your spouse as a result of irreconcilable differences. These differences can include not getting along, or a mutual desire to terminate the marriage. However, in order to declare a no-fault divorce, you must have been separated for at least six months (if there are no children involved) or up to a year (if minor children are affected).

Fault-based divorce indicates that there is a problem with the marriage that has caused you or your spouse to seek a legal separation. These problems or incidents include:

• Adultery
• Felony conviction and imprisonment after the marriage
• Cruelty and abuse that causes fear of emotional and physical harm
• Desertion or unplanned separation lasting over a year

 

A divorce can be one of the most painful and stressful periods in your life; don’t go through it alone. We’re here to help make sure your rights are upheld, your family is protected, and you receive the care, information, and support you need throughout your ordeal. Contact us to make sure your divorce goes smoothly and doesn’t impact the rest of your life. Don’t wait any longer to get your life back—call now!

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Related Links: Three Ways You May Suffer in a Virginia Divorce Four Ways a Divorce Attorney in Norfolk Can Help You Why It's Important to Know About Grounds for Divorce in Virginia

An issue that has become a part of modern day society is divorce. Divorce now affects nearly fifty percent of married couples. For some, divorce is simple and easy process; however, this is not the norm. Many divorces involve bitter fights between the couple as struggle over who gets what—and even the children are used as trophies in this war.

A custody battle during a divorce often exposes the worst in the spouses as they fight for the custody they want. What should be done out of love for the child ends in ugliness and bitterness. It is important for both parties involved remember that whatever happens the children should still be put first.

When determining what the custody arrangement will be, there are many factors that may come into play. One of those things is the criminal history. Three crimes that may prevent a parent from gaining custody of a child are:

• Murder. This is probably the most obvious crime that will affect the custody battle. This category also includes voluntary manslaughter and felony attempted homicide.
• Felony assault. If the victim of a felony assault resulting in bodily injury or harm was a child of the parent or a child with whom the parent lived with at the time of the assault, custody may not be awarded.
• Sexual assault. Custody may not be awarded if there was a felony sexual assault with the victim being a child of the parent or a child with whom the parent lived with at the time.

 

If you are going through a divorce and custody battle, it is important to have an experienced family law attorney on your side. To get learn more simply fill out the contact form found on this page.

Related Links: Factors to settle the custody battle Helping Your Children Thrive Despite the Divorce Four Reasons You Need a Virginia Divorce Attorney

Divorce. Just a few decades ago the sound of that word would make people cringe. In more recent years, however, divorce has become quite the norm. In fact, nearly half of first time marriages wind up in divorce.

Although the rate of divorce has been steadily increasing, one thing remains true: a divorce battle can be bitter and full of anger.

A divorce can get ugly because both sides believe they are entitled to more then what the other partner feels they deserve. Believe it or not, neither side usually wants the divorce to get ugly. It is important that both sides keep things in perspective and realize that life must go on outside of the divorce settlement.

Three important things to remember when going through a divorce are:

• Use an attorney. Using a divorce attorney will take a lot of weight off your shoulders. An experienced attorney will help you to understand the divorce process, prepare any needed papers, negotiate the settlement, and guide you.
   
• Remember what’s important. Many people get caught up in the divorce and let it consume them. It is important to take a step back and remember what is important in your life. Take the time to continue doing the things you enjoy and if you have kids, tending to them.
   
• Seek help. Going through a divorce may leave you feeling alone, alienated, and afraid. Remember that there are many others that have gone through (or are going through) the same thing. You can get help by talking to and socializing with these people. There are support groups that you can join as well. 

 

If you would like more information on divorce and how we can help you through the process, please fill out the simple contact form found on this page. You can also click on the related links to learn more.

Related Links: Reasons to Use a Divorce Attorney Grounds For Divorce in Virginia The Scope of Marital Property in a Virginia Divorce

Related Links: Do You Have an Advance Directive? You Should. How You Can Benefit From a Living Will

A living will is legal document that clearly outlines your wishes in the event you are too sick or injured to direct your own health care decisions. The creation of a living will may sound like a simple do-it-yourself project. However, it is actually quite complex and should be handled by an experienced attorney. After all, if your living will is not prepared properly, your wishes may not be carried out in the manner you intended. Following are three good reasons to use an experienced attorney to prepare your living will:

• Eliminate risk – People who try to create their own legal documents, such as a living will, often use fill-in-the-blank legal documents. The problem with these documents is that they are generic and may not cover all of your needs.
• Provide peace of mind – Knowing that an experienced attorney prepared your living will will put your mind at ease. You will not have to be concerned about mistakes that you may have made while trying to prepare it on your own.
• Save time and frustration – Creating a living will on your own without means you will need to spend a great deal of time researching all of the options to create a solid legal document. This can be both frustrating and time consuming. An experienced attorney can remove this burden from your shoulders.

 

If you are ready to create a living will, our attorneys are here to help. We have a breadth of experience with family law, wills, and estate planning and are happy to put our skills to work for you.

Related Links Learn More About Prenuptial Agreements in Virginia Virginia Family Law Attorney

Divorce rates in America are extremely high. Because so many marriages end in divorce, this institution must be looked at from a different perspective than the past.

Before beginning a prenuptial agreement is it important to talk with your spouse and be sure to be on the same page. This can save you heartache now and in the future.

Once you are both on the same page it is time to begin the process of creating a prenuptial agreement. Some couples try to do this on their own without the help of an attorney. The benefits of using a Norfolk family law attorney to create a prenuptial agreement include:

• Knowledge – It is important to understand the process and laws when creating a prenuptial agreement. Using a knowledgeable attorney for your prenuptial agreement will ensure the prenup is created the way it should be.
• Experience – The attorney you use should have experience with prenuptial agreements. They will be able to use their experience to resolve any issues that may arise during the process.
• Negotiation skills – Most do not realize it but negotiations do play a role in the creation of a prenuptial agreement. They will negotiate and ensure that you have the best deal possible.
• Answers – There are sure to be many questions and concerns during the process of creating a prenuptial agreement. Your attorney will be able to answer all your questions and put your mind at ease.

Begin your claim by contacting a Virginia family law attorney at Tavss Fletcher. Call 757-625-1214 today for a free legal consultation.