Commonwealth of virginia divorce marriage laws

Virginia Info.

The Virginia court may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof. The court, in determining whether to award spousal support and maintenance for a spouse, shall consider the circumstances and factors that contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce.


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In determining the nature, amount and duration, the court shall consider a number of things including, but not limited to, the needs and financial resources of the parties, the contributions of each party to the well-being of the family, and the extent to which either party has contributed to the attainment of education, training, career position or profession of the other party.

Start Your Divorce Today Explore your options. In Virginia, you do not file a separation agreement with the Court unless you wish the court to approve it as part of the divorce proceeding.


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If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Court personnel are prohibited by law from giving legal advice, restating the law or recommending legal action.

Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia. Uncontested Divorce For a "no fault" or uncontested divorce: If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

Requirements & Fees

Virginia Info. Virginia calculates child support on the Income Shares model, which bases the level of support on the combined income of both parents.

Must a Husband or Wife Leave the Marital Home Upon Request in Virginia?

In any proceeding on the issue of determining child support, the court may order health care coverage for dependent children and for a spouse or former spouse, and it may order a party to maintain any existing life insurance coverage. Start Your Divorce Today Explore your options. The information contained on this page is not to be considered legal advice.

There is NO common law marriage in Virginia.