A GUIDE TO TERMINATE MARRIAGE IN VIRGINIA
Ending a marriage is one of the most difficult decisions of a person’s life. Not only is it difficult but it is also complicated. Emotional suffering, associated with the process of terminating a marriage, adds up to the complexities. Your Divorce Attorney in Leesburg VA will apprise you that for terminating a marriage in Virginia, there are certain requirements to be fulfilled. If your net worth is high, then proceeding without a Divorce Attorney in Leesburg VA can be detrimental to your case. Any proficient Divorce Attorney in Leesburg VA you consult for your case will acquaint you with how the law divides your property after your marriage gets terminated.
Be informed by your skilled Divorce Attorney in Leesburg VA that child support and alimony are also significant issues. Taking the assistance of knowledgeable Divorce Attorney in Leesburg VA will ensure the protection of your rights. A reputed Divorce Attorney in Leesburg VA will provide you detailed information on how to proceed with your case.
The Divorce Attorney in Leesburg VA, at The Law Offices of SRIS, P.C. has put together this Guide to Terminate Marriage in Virginia—with intent to give you confidence and peace of mind while dealing with your heart-wrenching phase. The knowledge and clarity you will get after reading this will give you a better understanding of where to start and how to face the legal consequences arising out of it.
DIVORCE FILING PROCEDURE IN VIRGINIA
UNCONTESTED DIVORCE
Any accomplished Divorce Attorney in Leesburg, VA will tell you that uncontested marriage termination does not require any specific grounds. Mere proof of separation is sufficient. The skilled Divorce Attorney in Leesburg, VA will also warn you that the separation period varies depending upon whether the couple has children or not.
The qualified Divorce Attorney in Leesburg, VA at The Law Offices of SRIS, P.C. will clearly explain that the required separation period is six months if there are no children. If the parties have children, the period is one year. You must be wondering if uncontested marriage termination is more preferred than the contested one. You are right! The opportunity to draft a perfect separation agreement makes uncontested marriage dissolution the most preferred. Contact a resourceful Divorce Attorney in Leesburg, VA to design a flawless separation agreement for your case. A truly efficient Divorce Attorney in Leesburg, VA will also apprise you that separation agreements assure clients of fair division of property.
Be authentically informed by your Divorce Attorney in Leesburg, VA that drafting separation agreements is an art by itself. Uncontested marriage dissolutions remain uncontested only due to the crucial role played by the separation agreements. A skilled Divorce Attorney in Leesburg VA will endorse to you that separation agreements settle all the contentious issues between the parties leaving no room for dispute. You will be cautioned by a reputed Divorce Attorney in Leesburg, VA that when children are involved, the most disputed issues are child custody and child support. If you and your spouse have hired Divorce Attorneys in Leesburg, VA who are intent on resolving your issues amicably, then you have made the best choice.
By now you would have obtained a fair idea as to why a separation agreement is crucial for amicably ending your marriage. Ending your marriage is a difficult decision and requires you to be mentally prepared to face the aftermath of this critical decision. Every Divorce Attorney in Leesburg, VA at The Law Offices of SRIS, P.C. has played prominent roles in obtaining favorable decrees for several clients. Our Divorce Attorney will make sure all the vital legal issues are addressed for easy termination of your marriage in Leesburg, VA. You will be surprised to know how straightforward the whole process can be.
CONTENTS OF A DIVORCE COMPLAINT
An impressive Divorce Attorney in Leesburg, VA will assist you in proving residential requirements for your case. The accomplished divorce attorney in Leesburg, VA will give you a list of important details you need to provide. The complaint will include proof that you meet residential requirements, the date of the marriage and place of marriage, and if there are children, the names and dates of birth of the children should be included. Know from your competent Divorce Attorney in Leesburg, VA that the most significant part of the complaint is the grounds of the dissolution of marriage. The party filing the complaint should state in clear terms the events that require termination of the marriage. A Divorce Attorney in Leesburg, VA will provide you profound advice about the need to mention in clear terms the date of the events and all specific details.
Filing a perfect complaint requires you to provide truthful disclosure to the Divorce Attorney in Leesburg, VA. If you conceal any significant detail from the Divorce Attorney in Leesburg, VA, you will be the ultimate sufferer. Your complaint is essentially based on all inputs you provide to your lawyer. If you were to miss out on important facts about your case, the other party will include such facts in their answer and counter-claim, making your complaint a flawed one.
DIVORCE FROM BED AND BOARD IN LEESBURG, VA
Your Divorce Attorney in Leesburg, VA will convey to you that after the complaint is received by the other side, the defendant will provide a written response in the form of an answer and counterclaim. Bear in mind, when the termination of marriage is uncontested, it can end in two to three months.
The best Divorce Attorney in Leesburg, VA will update you if the dissolution of the marriage is contested, it may continue for more than a year. If neither party files an appeal, the contested termination of marriage becomes final after the expiry of 30 days from when the decree is entered.
Once you have decided to terminate your marriage, be it contested or uncontested, do not make the mistake of proceeding without consulting an efficient Divorce Attorney in Leesburg, VA for a brilliant winning approach for your case. To know more about winning approaches, contact the adept Divorce Attorney in Leesburg, VA at The Law Offices of SRIS, P.C. Our attorney has extended help to several clients in Leesburg, VA who were struggling with matrimonial problems. We are experienced in providing unique solutions to clients and can solve yours too. Do not hesitate to contact us right away!!
GROUNDS FOR DIVORCE
Be informed by your proficient Divorce Attorney in Leesburg, VA that the Virginia law divides termination of a marriage based on fault-based and no-fault grounds. Though there are many other grounds, here are the popular grounds.
ADULTERY
A distinguished Divorce Attorney in Leesburg, VA will apprise you that the act of sexual intercourse by a married person with someone other than their spouse is defined as adultery. In today’s world where technology is aiding quick friendships and affairs, adultery is turning in to a popular ground for marriage termination. However, a versatile Divorce Attorney in Leesburg, VA will caution you that a marriage cannot be terminated merely because you allege that your spouse has an intimate relationship with another person. Adultery as a ground requires evidence that is clear and unambiguous indicating the existence of an extra-marital affair. You will be glad to know from your highly competent Divorce Attorney in Leesburg, VA that there is no waiting period to file for marriage termination based on adultery.
Proving adultery in court can be an arduous task. Retaining experts to provide opinions becomes crucial in such cases. Only a Divorce Attorney in Leesburg, VA who has previously worked on cases involving adultery will tirelessly work to prove the other party’s misconduct.
Do you have any idea as to why proof of adultery is severely scrutinized in Court?
Your skilled Divorce Attorney in Leesburg, VA will advise you that this is because any affirmation of adultery will bring with it severe financial implications. If effectively proved, adultery is a crime in Virginia. Further, the perpetrator will have to forego substantial rights in the division of property. Due to these reasons, the court is eagle-eyed during the cross-examination of cases involving adultery.
WHAT IS CONSIDERED ADULTERY
An accomplished Divorce Attorney in Leesburg, VA will notify about what may be considered as adultery in Virginia. If you can show proof of the following, your spouse will be held guilty of adulterous conduct.
- An intimate relationship with another person
- Sexual intercourse
- Secret meetings
- Unexplained absence from home
- Text messages and social media posts indicating intimacy
- Photographs from the spouse’s phone
- Photographs or videos by a private investigator
WHAT IS NOT CONSIDERED ADULTERY
A highly competent Divorce Attorney in Leesburg, VA will acquaint you with what instances the court does not consider to be adultery. You will be shocked to know that text messages of flirting nature exchanged by your spouse with another person is not proof of adultery. Similarly, if your spouse has been posting random comments or addictively liking the posts of one person, it is not proof of adultery.
Your skilled Divorce Attorney in Leesburg, VA will caution against filing for adultery merely based on the fact that your spouse has been hanging around with a group of friends and the alleged paramour is always present in the crowd. On hiring Divorce Attorney in Leesburg, VA who is proficient in adultery cases, you will be advised against filing for adultery merely because the alleged paramour is also your spouse’s colleague and they have been meeting frequently due to work. In all the above-mentioned situations, a learned Divorce Attorney in Leesburg, VA will disclose to you the need for strong persuasive evidence indicating misconduct.
A well-trained Divorce Attorney in Leesburg, VA will advise you that it is important to carefully raise adultery as a ground. Your claim should be strongly supported by evidence. Bear in mind, those mere allegations will not support the grant of marriage termination due to adultery.
FIFTH AMENDMENT RIGHTS IN ADULTERY CASES – HAS THE NEW AMENDMENT MADE IT EASIER TO PROVE
A Divorce Attorney in Leesburg, VA will notify you that previously constitutional rights safeguarded the wrongdoers and the innocent spouse was left in the lurch. In all cases involving adultery, the spouse who was involved in an adulterous affair routinely gained refuge under the Fifth Amendment Right and failed to respond to any questions that would incriminate him or her for adultery. You will be glad to know about the new law from knowledgeable Divorce Attorney in Leesburg, VA. The new amendment in July 2020 has made drastic changes to the existing situation. If a spouse who has been alleged with adultery refuses to provide an answer, such refusal will be considered as adverse inference against such a party.
A Divorce Attorney in Leesburg, VA will sensibly update you that by this new amendment, the court can liberally conclude about whether the spouse is guilty of adultery based on the spouse’s refusal to provide answers. This situation favors innocent spouses and if you suspect your spouse to be involved in adulterous behavior, your attorney in Leesburg, VA will advise you to make quick decisions about ending your marriage.
Your proficient Divorce Attorney in Leesburg, VA will familiarize you that the following acts were held to be cruelty by the Virginia court:
- Physical violence
- Intentional injury
- Persistent verbal abuse
- Rude comments and intentional public humiliation
- Abusive language in the presence of others
- Psychological damage indicated by anxiety, stress, and depression
There are several silent sufferers to the cruel acts inflicted by spouses. A Divorce Attorney in Leesburg, VA will warn you that there is no point in remaining mute to such inhuman behavior. The law favors the victims and there is no need for you to conceal the fact of being victimized all along. Contact any professional Divorce Attorney in Leesburg, VA at The Law Offices of SRIS, P.C., and obtain methodical guidance as to how to proceed with your complaint.
DESERTION
A Divorce Attorney in Leesburg, VA will meticulously provide you all the information you require about desertion. Be informed that desertion means breaking of matrimonial cohabitation with intent to desert the partner. A Divorce Attorney in Leesburg, VA will want you to know the difference between desertion and separation at this point. Where the parties mutually agreed to separate for a definite period, it is not desertion. If desertion is the ground in your complaint, it should be adequately proved. A Divorce Attorney in Leesburg, VA will apprise you that where the intention to abandon is explicit, it is considered to proof of desertion.
A client will be keen to know the difference between the terms desertion and constructive desertion. A versatile Divorce Attorney in Leesburg, VA will take the time and patience to tell you in plain language how both the terms are different. Constructive desertion is indicated in situations where one spouse caused the other spouse the desert the marriage. Know from your Divorce Attorney in Leesburg, VA that the court meticulously analyses all issues raised by both the parties to ascertain whether constructive desertion occurred. Cruelty and constructive desertion go hand in hand.
A goal-oriented Divorce Attorney in Leesburg, VA will aggressively work towards proving constructive desertion with persuasive corroborating evidence. Meet the Divorce Attorney in Leesburg, VA at The Law Offices of SRIS, P.C. to create solid foolproof complaints that will compel the other party to initiate a settlement offer instead of contesting the complaint in court.
SEPARATION AND THE SEPARATION AGREEMENT
Know from your Divorce Attorney in Leesburg, VA about separation as a ground for marriage termination. As mentioned earlier separation as a ground is vital in an uncontested marriage termination. Be informed from your dynamic Divorce Attorney in Leesburg, VA that separation as a ground for ending the marriage cannot stand alone and it is generally accompanied by the separation agreement. The agreement answers many confusing questions about child custody, property division, child support, and visitation. By making a separation agreement drafted by skilled Attorney in Leesburg, VA, you are endowed with an opportunity to decide about life post-divorce. Once a separation agreement is made and the minimum separation agreement has been fulfilled, then either party may file for marriage termination on this ground.
DEFENSES FOR DIVORCE
Obtain advice from a highly capable Attorney in Leesburg, VA regarding the most suitable defense for your case. If you have received the notice of complaint from your spouse, do not get perplexed or upset, help from the specialists is handy. Contact an adept Attorney in VA at The Law Offices of SRIS, P.C. and get all your queries answered swiftly.
A truly efficient Divorce Attorney in Leesburg, VA with rich experience in handling cases involving marriage termination will recommend the following defenses
- Recrimination applies when both parties have engaged in an extra-marital affairs, both parties are restricted from applying for marriage termination based on adultery.
- Condonation is an act of forgiving and cohabitating with the spouse guilty of misconduct.
- Connivance is the act of consenting to the misconduct of the other spouse
- Justification is the act of proving the wrongful behavior of the complaining spouse lead to the misconduct alleged in the complaint.