The 4 Ways to Handle a Virginia Divorce [and 2 Other Divorce FAQs]

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Q: What options do you have to resolve your Virginia divorce?

  1. Uncontested Divorce
    This is the simplest option. You and your spouse, along with your respective attorneys, create the legal documents required to separate, including a “property settlement agreement.” This agreement serves as a contract between you and your spouse, resolving all matters related to your divorce.
  2. Mediation
    Mediation is an alternative dispute resolution method. You, your attorneys, and a neutral third party, the mediator, work together to establish terms for child support, alimony, and division of the marital estate. The mediator does not make decisions but facilitates negotiation by clarifying needs, ensuring smooth communication, and proposing options.
  3. Collaborative Divorce
    Similar to mediation, collaborative divorce is a voluntary process aimed at avoiding litigation. A team, including attorneys trained in collaborative law, financial advisors, and psychologists, works with the couple to resolve differences. If the process fails, both parties must hire new attorneys to go to court.
  4. Litigation
    In some cases, the couple may need to let the court intervene through litigation. Family law attorneys represent each spouse, making formal legal arguments to the court. The court then decides on disputed issues and finalizes the divorce.

Q: Do you have to live in Virginia to file for a divorce in the state?

Yes, with some conditions. Either you or your spouse must have been a Virginia resident for at least six months before filing for divorce.

For military personnel, the rules are slightly different. If you have been stationed in Virginia for six months or lived here for six months before being deployed, you may file for divorce in the state. There may also be exceptions for those working overseas for the Foreign Service.

Q: What does the concept of “separation” mean? Can you be separated and live together?

Separation refers to the process of splitting up before a divorce.

Generally, separation involves physical and emotional separation, with one or both spouses moving out of the primary residence. However, a couple can remain living together while being legally separated. A “separation agreement” can outline how finances, child visitation, property division, and insurance should be handled during the separation. While not required, creating one with your family law attorney can bring structure to the situation.

Debts and assets accumulated after legal separation are typically classified as separate assets or obligations rather than marital ones. However, there are some exceptions.

If you need assistance with your Fairfax Virginia divorce, call our team at DiPietro Law Group, PLLC for a consultation at (888) 530-4374.

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