Marriage is considered a significant step for any couple. It binds two individuals together in a legal bond that can only be terminated through several legal procedures. However, not all marriages turn out as planned. There are times when a couple decides to end the marriage, and a divorce is the only way out.
In such cases, legal procedures vary depending on where the couple was married and where they currently reside. This raises a common question for individuals married in another state but now residing in Virginia:
Can You Get A Divorce in Virginia?
The short answer is yes. Virginia has its own set of laws, regulations, and requirements for divorce. It doesn’t matter if the couple got married in another state. If one or both of the spouses have resided in Virginia for at least six months, they can file for a divorce in Virginia.
What are the Grounds for Divorce in Virginia?
The grounds for divorce in Virginia are similar to those of other states. A couple can file for a "no-fault" or "fault" divorce.
"No-fault" divorce in Virginia can be granted if the couple has lived apart for at least one year. Separation is considered the primary factor in this type of divorce. A couple can file for no-fault divorce whether or not they have children or property.
On the other hand, "fault" divorce is the most common type of divorce in Virginia. It can be granted if one spouse can prove the existence of statutory grounds. Some examples of statutory grounds include adultery, cruelty, desertion, or a felony conviction.
What Divorce Procedure Should You Follow?
If you were married in another state but now live in Virginia, you can file for divorce in Virginia with the help of an experienced divorce attorney. The attorney will help you determine which divorce procedure you should follow.
If you and your spouse agree on all the terms of the divorce, you can file for an uncontested divorce. However, if you and your spouse cannot agree on the terms of divorce, you will have to file for a contested divorce. A contested divorce often involves more complex legal proceedings, including hearings, negotiations, and potentially a trial.
Conclusion
In conclusion, if you were married in another state but now live in Virginia, you can file for divorce in Virginia if you or your spouse have resided in Virginia for at least six months. It is vital to understand the grounds for divorce and the divorce procedures that you should follow. Seeking the assistance of an experienced divorce attorney can make the divorce process less stressful and more straightforward. The attorney will guide you through the process, ensuring that your rights are protected, and helping you achieve a favorable outcome. Remember, divorce is a significant decision, and it is crucial to approach the process with clarity and the necessary legal guidance.