When a couple decides to file for divorce, they may have many questions regarding unique divorce topics that can arise. If you have any questions regarding your divorce or family law matter, do not hesitate to bring them to our Northern Virginia divorce attorney!
We have the answers you need and the legal advocacy you deserve. The following are common questions and answers about common divorce topics:
Sometimes, it is difficult for a spouse to identify all of the assets that may be subject to valuation and division. A lawyer can seek out this information using the “discovery” process. Your lawyer has a number of tools in that process. For example, your lawyer can file Interrogatories, which are formal written questions that your spouse must answer in writing under oath. Your lawyer can also file Requests for Production of Documents (seeking the production of necessary documents) and Requests for Admissions (seeking admissions as to certain facts of your case). Additionally, your lawyer can file subpoenas to require third-parties to produce documents or appear to be question during a deposition. Your lawyer can also depose your spouse.
The date of separation is determined by the date either party separates from the other with the intent and for the purpose of obtaining a divorce. Often, that date coincides with the date one spouse vacates the marital home. However, one party may be able to arrange an in-house separation, provided they make certain efforts to live separate and apart within that home.
To file for divorce either you or your spouse must be a resident and domiciliary of the Commonwealth of Virginia for at least six (6) months immediately preceding the filing of the Complaint. However, you may be able to resolve all your divorce issues before you file for divorce.
Virginia recognizes a number of grounds for divorce. The “no fault” grounds and “fault grounds.”
There are two “no fault” grounds for divorce: (i) a six-month separation and signed property settlement agreement where the parties have no minor children; or (ii) a twelve months separation where the parties have minor children.
There are three “fault” grounds for divorce: (i) adultery; (ii) cruelty; and (iii) desertion/abandonment.