Virginia Divorce Laws-Frequently Asked Questions

Yes, dating with other people while you are still married comes under adultery and your spouse can claim under Virginia divorce grounds even if you are separated. Techinally, adultery is the sexual relationship with someone else other than the legal spouse while you are married. It is a fault divorce ground according to Virginia divorce laws.

Desertion means leaving a spouse with an intention of permamnet separation. The differnce between separation and desertion is that desertion takes place on the wish of one spouse while separation is the joint decision to live separately. Desertion is a legal divorce ground in Virginia divorce laws.

According to Virginia divorce laws, divorce claimed upon desertion or cruelty requires one year separation. While in case of no-fault divorce, one year or six months separation is required for filing a Virginia divorce. Adultery is the only ground on the basis of which Virgina divorce is granted immediately.

Under the Virginia divorce laws, marital property is divided fairly among the sposues. The method which Virginia court follows for property ditribution is knowns as equitable distribution.

According to Virginia divorce laws, decision of custody is the legal right of the child. The child is granted the authority to choose with whom s/he wants to live. The Virginia divorce court gives sole or joint custody to the parents. In sole custody, one parent will be given the child custody while the other one has only granted the right to visit the child. Joint custody is one in which both the parents are responsible to make decisions regarding religion, medical, educational needs etc.

No, this concept is wrong. Judges considers all the circumstances regarding attitude, financial issues, medical facilities etc. and then declares the child custody.

Alimony, miantenance or spousal support is the amount paid by one spouse to another to cover up the financial requirements. Spousal support may either be permanent or temporary. The court considers the gross income, living statndards and other necessities to declare the percentage of alimony.

Virginia divorce laws say that both the spouses cannot hire the same divorce lawyer. Even in case of uncontested divorces both plaintiff and defendant must hire two different divorce lawyers.

Representing yourself in the court is your legal right. But it is strictly advised not to do so, if you are not familiar with the court proceedings. If you don't know any paperworks, then you should hire a Virginia divorce lawyer.

According to Virginia divorce laws, marital property is one which is acquired during marriage by you and your's spouse. While non-marital property is one which is owned by either you or by your spouse.