What are the requirements to a file for a divorce?
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What are the requirements to a file for a divorce?
I really don’t know what steps I need to take to file for a proper divorce and what kind of paperwork I should submit. I have been living alone for 8 months, I have no children, there’s no house settlement or anything like that, there’s no financial issues. We really don’t talk and we’re both just ready to sign every document needed so we can just move forward with our lives. I would truly appreciate any help I can possibly get.
Asked on October 29, 2010 under Family Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There are several grounds upon which a divorce can be obtained in VA. The following 2 appear to be the most applicable to your situation:
- Separate and Apart for 1 Year: This is the most common ground for divorce. It is often referred to as a "no fault" divorce. It means that the wife and husband have been continuously living apart, without cohabitation at any time for at least 1 year (you will have to wait another 4 months to use this ground); or
- Separate and Apart for 6 Months: This ground can only be used if there are no children of the marriage under 18 and the parties have entered into a written property settlement agreement (you will need to work up a property agreement).
For either of these grounds, you or your spouse must have lived in VA for 6 months before you can file.
For further info and forms here is a link to a site that you can reference: http://www.fairfaxcounty.gov/courts/circuit/divorce.htm
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