What are the reasons for a divorce? Who can file for divorce in Virginia? What is an annulment?

In Virginia, you can get a divorce To file for a divorce your or your An annulment is a legal decree that for eight reasons. Four of these reasons spouse must live in Virginia for at least six a marriage is void. An annulment don’t require a waiting period: months before the divorce is filed. proceeding can settle the same issues of -adultery, sodomy, or buggery: A divorce is filed in the Circuit custody, child support, and alimony as a These are very difficult to prove and cannot Court, usually in the county or city in divorce. Annulments are only granted if: be used as grounds for divorce if you which you and your spouse last lived -either party was physically or continue to live with your spouse after the together, or where the defendant currently mentally incompetent act is committed. lives. The defendant is the person against -either party consented to the -your spouse’s conviction of a whom the divorce is filed. marriage under condition of fraud or felony and sentence to more than one duress year in prison. This can only be used as Can my spouse prevent me from getting -either party was a felon or grounds for divorce if you do not live with a divorce? prostitute without the other’s knowledge your spouse after they are released. -impotence Four reasons require a waiting Your spouse cannot prevent you -the wife was pregnant by another period of one year: from getting a divorce in the state of man without the husband’s knowledge -physical cruelty. There is no Virginia. Your spouse can, however, delay -the husband, without knowledge of mental cruelty divorce in Virginia. the divorce by disputing the grounds for the the wife, fathered a child born to another -desertion. This means your spouse marriage, property issues, custody, child woman within 10 months of the marriage left without a good reason. support, alimony, or marital debts. -failure to have a marriage license -constructive desertion. This If these things are disputed, you or to have the marriage solemnized means your spouse forced you to leave. may need a hearing in front of a Circuit according to law -an uncontested “no fault” divorce Court judge. If there is nothing to dispute, -one of the parties was married to based on one year’s separation. Separation then your divorce can be finalized without someone else at the time of this marriage is simply not living together. having to go to court. -incest -either party was under the age of Virginia also has a procedure called a How long does a divorce take? 18. “divorce from bed and board” which means the parties remain legally married If there are no problems, it usually The court will not grant an but all their other rights including custody takes at least three months from the time annulment of a voidable marriage if the and child support and equitable distribution the divorce is filed until it is granted. If spouses continue to live together after any of property are settled. Most of the time there are contested issues, the divorce of the above circumstances are discovered. this is filed when one party wants to initiate process can last much longer, sometimes a divorce proceeding but the parties have for several years. not been separated for a year yet. What are the steps to get a divorce?

Generally, there are five steps in a divorce:

First, divorce papers are filed with the court. These papers are called a Complaint and must be drafted in proper legal format before it will be accepted by This brochure is intended for the court. The court then issues a Summons. information purposes only and is NOT a suitable substitute Second, the divorce papers are for legal advice from a served (legally delivered) on the defendant. certified attorney. The rules of service are complicated and simply giving a copy of the complaint to your spouse does not count. If you have a specific question, Legal Aid Third, if the case is uncontested, please consult Legal Aid SM SM evidence is taken by a deposition, usually Works at: Works in a lawyer’s office. The deposition is Fredericksburg Office recorded and typed or printed out. Sometimes evidence in an uncontested 500 Lafayette Boulevard divorce is taken before the judge in an oral Suite 100 Know Your Rights: hearing. If the divorce is contested, Fredericksburg, VA 22401 Divorce generally evidence will be taken in court. Telephone: (540) 371-1105

Fourth, the deposition, a proposed Fax: (540) 371-1114 Working for Equal Justice Since 1973 Final Decree of Divorce, and other www.LegalAidWorks.org papers are sent to the judge for review. Information provided by Legal Aid WorksSM. Then, if everything is in order, the judge signs the Final Decree of Divorce.