Fairfax, VA- Nearly 40 percent of married couples in the U.S. can’t make their marriages work, so divorce is the next logical step. For many, the prospect of filing for divorce is daunting because it’s a complicated process. This article will cover some of the basics of getting a divorce in Virginia, so you have an idea what to expect.

Fault or no-fault divorce

If you need to file for divorce in Fairfax, you need first to decide if you are a file for a fault or a no-fault divorce. No-fault divorce is typical for most Virginia couples, but some circumstances make a fault divorce necessary.

When a couple agrees that their marriage is irretrievably broken and there is no hope for reconciliation, they should file for a no-fault divorce. If two spouses can agree on issues like property division, child custody, and financial support, their no-fault divorce can be approved by a judge immediately.

You can file for divorce on no-fault or fault grounds in Virginia.

Grounds for a fault divorce include abuse that is physical, verbal or sexual in nature, child abuse, infidelity, buggery, incarceration, and abandonment. There are other reasons to file for fault divorce, so USAttorneys recommends you speak with a divorce lawyer near you in Virginia to explain the process and what it entails. A fault divorce can take significantly longer than filing for a no-fault divorce.

Residency requirements

To file for divorce in Fairfax, one spouse must meet the state’s six-month minimum residency requirement and must maintain their residency while their divorce is ongoing.

On the other hand, a fault divorce can take significantly longer than a no-fault divorce. You have grounds. It is important to note that you cannot file for divorce in New York unless one spouse has lived in the state for at least one year. You must also be separated from your spouse for at a minimum of 12 months before filing for a fault or no-fault divorce.

New York is an equitable division state. If a couple cannot come up with an agreement on their own, the state will look at several factors when deciding which spouse gets what. The factors taking into consideration include the length of marriage, the value of the property being divided, and each spouse’s financial circumstances. Any possession or properties each spouse had owned before they were married, remain theirs after divorce unless they make other arrangements.

Those are some of the basic things you need to know about filing for divorce in Virginia, but there is so much more to divorce. If you want someone to explain the process to you and guide you through every stage, we recommend you contact a divorce lawyer in Fairfax. We can connect you with a local attorney to assist you from beginning to end.

At least one spouse must live in Virginia for six months before a couple can file for divorce.