State Of VA Divorce Laws

Why would you inevitably need attorneys to deal with your marriage dissolution?

The state of VA divorce laws lays prerequisites for the spouses to fulfill predestinate norms before filing a petition. The couple should consent to dissolution as per the state of VA divorce laws. There are upshotsto be dealt with post-dissolution and the process is stressful, making it crucial to take the guidance of learned attorneys from the Law Offices of SRIS, P.C. who have excellent noesis on the state of VA divorce laws.

The termination of nuptial bonding is no longer a subject of taboo since the stigma that surrounds it is gradually diminishing. Spouses, who seem to have lost hopes in the stability of their relationships with their partners, opt for dissolution to free themselves from non-working marriages. Courts do not grant a decree that is filed based on unreasonable and petty aspects. Termination of nuptial bond gets approval only when it is filed on the supposition that is duly discerned by the state of VA divorce laws.

There are certain basic queries pertaining to the VA divorce and these are best explained by legal counsels. The acts in each region are unique and it is recommended to contact reliable attorneys to get a grasp of the state of VA divorce laws. Discussed below is the state of VA divorce laws in detail:

What are the various causes leading to split-up?

According to the VA divorce legislations, many reasons lead to the dissolution; among them the most common include:

  • mensa et thoro commonly known as bed and board
  • vincula matrimonii commonly known as bond of matrimony

Defining bed & board / mensa et thoro

A separation by this method is regarded as a partial dissolution, wherein the spouses applying for it are legally detached from their partners, but simultaneously, they are legally denied to enter into succeeding marriages, as proposed by the state of VA divorce legislations. Couples availing these kinds of matrimonial termination can place petitions, requesting complete marriage dissolutions, only after a period of 1 year from separation. Marital terminations belonging to these types can be availed only on the supposition of the grounds that fall under the following categories. It is not a total dissolution where the couple is living apart de jure but cannot marry again. The state of VA divorce laws seeks an effective reason for the nuptial bonding to end. Some of the causes of dissolution are discussed herein:

How does abandonment act as a tool for quick dissolution?

Mutual separation is not legally regarded as abandonment. As per the state of VA divorce laws, it simply means to permanently cease all personal, sexual, and emotional interactions with a spouse without prior intimations. But abandonments that take place during the following circumstances are not legally charged as criminal accusations, in accordance with the divorce laws in the state of VA:

  • When a spouse deserts the other, who inflicted domestic violence on the former.
  • When one of the marital partners is mistreated or abused by the family members of the other.

The state of VA divorce laws does not criminate or penalize people who abandon their marital partners due to the above-mentioned scenarios. The state of VA divorce laws realizes the fairness in the abandonments observed in these contexts. Therefore, the state of VA divorce laws grants a decree, based on cruelty, to all spouses who desert their marital partners during the situations mentioned above. Spouses, who have been deserted by their partners, can register for Bed and Board at the court, post their separations. Need assistance, contact the Law Offices of SRIS, P.C.

Brutality accompanied by physical harming

Dissolution filed on the grounds of brutality will require pieces of evidence to prove the physical injuries inflicted on the other. Termination of marriage lodged on the supposition of cruelty demand submission of proofs that validate the risks and insecurities prevalent in the living conditions of the couple. The divorce laws in the state of VA do not recognize mental pressures as a ground for marriage dissolutions. For instance, the mere exchange of harsh verbal arguments is not acknowledged as a ground for legal marital terminations, according to the state of VA divorce laws. But the state of VA divorce laws renders serious attention to the separations that happen during circumstances, wherein the mental brutalities of a spouse, impose dangers and challenge the wellness of the physical and psychological health of the other. Couples desiring breakups based on cruelty can instantly apply from Bed and Board within one year from the dates of their separations.

If you are a victim of brutality, contact the Law Offices of SRIS, P.C. immediately and get instant relief.

Divorce Lawyer Virginia

Defining bond of matrimoni / vincula matrimonii

The bond of marriage is recognized as a complete dissolution by the state of VA divorce laws. Dissolution from the bonds of matrimonies requires stating of grounds that should fall under the criteria mentioned below.

How does separation help in dissolution of marriage?

Spouses who have acquired decree for bed and board can put forth requests to convert their current separation decrees into dissolution that are obtained from the bonds of matrimonies, after a minimum duration of 1 year from the date of detachment. The state of VA divorce laws expects presentation of fault-based grounds to process and hear marital termination cases, up until recent times. But the state of VA divorce laws, implemented and considered at the courts today, has eventually undergone modifications to match the changing trends and lifestyles observed in the society.

Therefore, the currently enforced divorce laws in the state of VA does not demand the submission of fault-based reasons to deliberate on a dissolution case. Marital partners, seeking no-fault marriage dissolutions, will be entitled to submit evidence claiming their separations from their spouses for a year or more. The couple should have been living separately with zero personal or sexual interactions, throughout their averred period of detachment. The state of VA divorce laws puts forth a lessened period equivalent to 6 months, during cases, wherein the matrimonial parties have drafted settlement agreements that expatiate on the allocation of debts and properties. The state of VA divorce laws recognizes a breakup period of 6 months for the couples, who do not have under-aged kids. Take the help of able attorneys from the Law Offices of SRIS, P.C., and expedite the dissolution process.

The state of VA divorce laws permits the judges to issue dissolution for cases grounded on fault even if the cases witness the existence of non-fault reasons. Similarly, the state of VA divorce laws allows the judges to regard and resolve non-fault dissolution using the means that are usually adopted for fault separations.

Adultery as grounds

The state of VA divorce laws expects valid evidence to hear and process dissolution that is registered on the grounds of adultery. Spouses, who seek dissolution stating adultery as reasons for the same, should provide reasonable shreds of evidence to prove and validate the extra-marital relationships of their partners. The state of VA divorce laws does not expect presentations of testimonies from eyewitnesses in these cases. Anal or oral intercourse between two people is conceived as sodomy. Dissolution filed on the supposition of sodomy, require submission of proofs that claim the sexual interactions of the accused spouse with a person, outside the matrimony. Anal intercourse between two people that is against the standards of nature is perceived as buggery. The state of VA divorce legislation regards and treats separation, lodged on the grounds of buggery, same as that of those filed on the supposition of sodomy. The state of VA divorce laws does not process or consider mere suspicions of sodomy or buggery. Dissolution filed mentioning these reasons, should be equipped with strong evidence that well support the claims put forth by the complainants. The state of VA divorce laws renders equal opportunities to the defendants and the petitioners to place defenses and arguments, validating their respective sides of the truth.

Can felony conviction speed up the dissolution process?

Dissolution from bonds of matrimonies can be acquired during circumstances, wherein the complainants have spouses, who have committed felonious convictions that eventually led to imprisonments for one year and more. But the petitioners should have distanced themselves from their spouses, personally and sexually, soon after they gain cognitions about the criminations of the latter.

The state of VA divorce laws recognizes a definite set of procedures for each kind of matrimonial termination. The state of VA divorce legislation expects timely accomplishment of these processes to hear and resolve marriage dissolution cases. The attorneys practicing in Virginia have thorough expertise on the state of VA divorce laws, implemented at the local courts. Therefore, obtain guidance and assistance from efficient attorneys to better understand the state of VA divorce laws.

The definitions of dissolution prescribed by the state of VA divorce laws

The state of VA divorce laws recognizes the concept of annulment, similar to that of dissolution, to dissolve failed marriages. The state of VA divorce laws acknowledges annulment as a legal decree that legally declares matrimonies invalid. The state of VA divorce laws issue annulments to nullify marriages that occurred out of compulsions and threats. The state of VA divorce laws does not grant annulments based on religious grounds. The state of VA divorce laws never annuls a marriage only on the grounds of its duration.

Divisions of assets and debts made easy

The state of VA divorce laws recognizes two main kinds of properties.

Understanding the value of marital properties

Assets that belong to the following criteria are regarded as marital properties by the state of VA divorce laws.

  • Properties purchased jointly by the couple within their period of marriage.
  • Assets are maintained or acquired by the efforts of both spouses.

A separate property that witnesses an increase in its market value due to the efforts rendered by both the spouses, during the period of matrimony, will be thereby legally considered as marital property, as per the directions put forth by the state of VA divorce laws. All assets, that exhibit features common to that of both marital and separate properties, are legally conceived as hybrids/part – separate / part – marital, as instructed by the state of VA divorce laws.

Marital debts cannot be forgotten

The state of VA divorce laws recognizes the following set of factors to regulate the debts that fall under these groups. Similarly, the state of VA divorce laws acknowledges two basic kinds of debts.

  • Debts were acquired under the names of both spouses after their marriage.
  • Debts that are acquired under the title of a single spouse, before the period of the alleged separation and after the date of the marriage.

Separate debts are crucial in dissolution

The state of VA divorce laws recognizes separate debts based on the debts obtained under the name of a single marital partner, before or after the date of the marriage.

The state of VA divorce laws also instructs the judges to render attention to the reasons behind the acquisitions of debts and loans, while allocating the same between the couple.

The state of VA divorce laws adopts the equitable division mechanism to split properties and debts. In simpler contexts, the state of VA divorce laws does not encourage the equal distribution of assets, mandatorily in all cases. The state of VA divorce laws directs judges to declare fair and reasonable splitting of properties and debts between the couple, seeking marital terminations. The state of VA divorce renders increased attention to the monetary and non-monetary contributions of a matrimonial partner in the acquisition or maintenance of assets. The state of VA divorce laws asks of the judges to even consider retirement benefits and allowances, while deciding on matters, concerning financial settlements. But according to the state of VA divorce laws, no marital parties can obtain more than one half of the wealth accumulated jointly by the couple during their period of marriage.

Explaining the significance of child support

The state of VA divorce laws realizes the significance of child custody and recognizes it as a crucial component in all marriage dissolutions. The state of VA divorce laws acknowledges two basic kinds of child support, namely physical and legal child custody. In physical child custody, the children are required to stay with the spouse, who avails detainment powers and the non-custodial partner will be allocated reasonable visitation hours. In legal child custody, a single parent is given the authorities to decide on all crucial affairs, regarding the child. These custodial arrangements are generally granted in the following ways:

  • Sole custody – The courts bestow detainment powers to solely a parent.
  • Joint custody – The judges avail equal custodial rights to both the parents.

Courts put forth the best interests of the child while declaring judgments based on child custody. Check with attorneys from the Law Offices of SRIS, P.C. on how to get a favorable result. The judges consider the preferences put forth by the kid, only upon observing reasonable maturities in the latter, to come up with decisions individually. Detainment rights of the child are granted to the parents, who seem responsible and capable to meet the physical, educational, medical, emotional, and financial requirements of the child.

Splitting retirement benefits

The biggest challenge arises when it comes to splitting retirement benefits. The retirement plan assets, as per State of VA divorce laws are termed as marital property. The following factors are considered while splitting marital property. In the State of VA divorce laws, no spouse can get more than half of the marital share. The State of VA divorce laws defines marital property as the total income between the marriage date and separation date. The division of retirement benefits is based on the following plan type:

  • 401(k) plan or 402(b) also known as Employer-sponsored retirement account.
  • QDRO or Qualified Domestic Relations Order, giving the employer sponsoring the plan to distribute the account to their spouse as per the circuit court ruling.

The division is based on the plan administrator and how they wish to handle QDROs to comply with federal regulations. In this case, the spouses have to be aware of the rules before entering into an agreement or seeking the assistance of the court.

Having a thorough knowledge of Virginia dissolution of marriage statutes could be an added advantage. The Law Offices of SRIS, P.C. can guide you in the process of splitting retirement benefits. Skilled and experienced attorneys help couples from various walks of life to settle their difference regarding dissolution favorably without stepping into the court.

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