Tesler and Werblood, with offices in Falls Church, Virginia, are experienced attorneys who know Virginia divorce law. In Virginia, the law requires at least one party to be a resident for six months before filing a divorce petition. In addition, Virginia law requires a one-year separation before parties can claim “no fault” grounds. The separation period can be reduced to six months if you and your spouse do not have minor children together, and if you can reach a settlement agreement.
Our attorneys have experience examining grounds for divorce, although “no fault” grounds in which neither party has to prove the other did anything wrong are most common. Grounds for a divorce in Virginia include the following: adultery, sodomy, or buggery without cohabitation after knowledge of the event; adultery, sodomy, or buggery that occurred outside of the marriage; a felony conviction with at least a one-year stay in prison; cruelty, threat of bodily harm, or abandonment; and/or separation of at least one year. In Virginia, legal separation does not exist; instead, voluntary separation is required.
At Tesler and Werblood, we have experience negotiating alimony and child custody for our clients. Alimony can be awarded for a specific amount of time, or for an indefinite period. It can also be awarded as a lump sum. Specific criteria have been determined by the Virginia legislature for the court to consider when determining the amount and length of alimony payments. Annulments are also possible under state law, but there are strict requirements for obtaining an annulment. Ask us about this, and about Separate Maintenance, which enables a spouse to receive support but remain legally married.
If you are going through a divorce, you don’t need to navigate this challenging and emotional time alone. Contact us today to start building your case.