Virginia Divorce

Virginia Divorce ~ Questions Asked By The Court

Your witness can be key in your divorce.  You and your witness have lots of ground to cover before you go to court.  You and your witness should be very professional in front of the master and judge.  You should not be laughing or chatting excessively.  The master wants to complete your case just as quickly as you do, as there are plenty of other cases for them to hear.

There is certain information you must disclose to the court which includes :

~ Your name and address

~ Your spouse's name and address ( if known )

~ Date and place you were married

~ The date you were separated from your spouse

~ Names and ages of children born to you and your spouse

~ Who has custody of each child ( if they are minor children )

~ Number of years you have been a resident of Virginia

~ Reason for coming to court ( limited divorce, absolute divorce )

The following questions will be asked to the plaintiff in your divorce hearing.  It is in your best interest to have a statement providing the following information to give to the master or judge as a referral.  Here is a list of questions you may be asked in court :

~ Please state your name and address

~ How many years have you been a resident of Virginia ?

~ Have you maintained continuous residency ?

~ Were you ever married ?

~ To whom ?

~ What is the date and location of your marriage ?

~ Can you identify this marriage certificate as your own ( your own certificate of marriage will be held up for you to identify )

~ Were there any children born of this marriage ?

~ What are the names and ages of the children ?

~ Who has custody of the children ?

~ Where were you living during your separation ?

~ Who deserted the marriage ?

~ What was the reason for separation ?

~ Has the separation been voluntary, continuous and uninterrupted for over a year ?

~ During the separation did you and your spouse have any sexual contact ?

~ Is there any marital property to be settle by the court ?

~ Is there any chance for reconciliation of this marriage ?

~ Are you or your spouse able to care for your children ?

~ Have provisions been made for the support of your children ?

You must have your witness verify your statements to prove your grounds for divorce.  Your witness cannot submit rumors or speculations, only what they have actually seen and or heard themselves. 

The witness will be asked this series of questions by the master of the court, or yourself if you choose :

~ Please state your name and address

~ How long have you known the plaintiff ?

~ Where does the plaintiff live ?

~ How many years has the plaintiff resided in Virginia ?

~ Did it become clear to you when the parties separated ?

~ When and how did you learn of the separation ?

~ Have you visited the plaintiff at the previously stated address ?

~ Have you seen the defendant there or any evidence of the defendant residing there as well ?

~ Do you feel that there is a chance of reconciling this marriage ?

Hopefully this list of questions will help you prepare for court.  It would be a good idea for you to have these questions with the answers already filled out as a reference for the master or judge in your case.

Virginia Divorce ~ Courtroom Conduct

In order to be taken seriously by the judge you must maintain proper courtroom conduct.  Here are some tips to remember when you go to court.

~ Do not eat, drink or chew gum.

~ If you must communicate with someone, write notes so that you do not cause an audible disturbance or interrupt the hearing that is in session while you wait your turn.

~ When your case is called the master will ask your name.  Respond politely by standing up, introducing yourself and speaking clearly.

~ Dress properly.  This is a very important day for you and you want to let it be known that you take your case very seriously.

~ Maintain a calm demeanor.  The judge may look down upon flighty or angry types of behavior.  This is especially important in cases regarding custody of children.

~ Do not excessively argue.  You will be given your chance to say what you need to, so do not talk overtop of your spouse or shout.

Getting prepared for court is a long process.  Hopefully these tips will help you show that you can be professional and make it very clear that you are aware that this is a serious matter. 

Virginia Divorce ~ Questions Regarding Desertion

In the Commonwealth of Virginia, desertion is grounds for divorce.  There are a lot of questions asked regarding desertion when people file for their own divorce.  Here are some facts about desertion that may answer questions you may have.

If I leave the marital property can my spouse use desertion as a ground to file divorce against me ?

If your spouse's actions do not warrant your leaving, he or she may be able to sue you for desertion.  It would be in your best interest to contact your lawyer before leaving the marital property.  Minding your steps is key if it is your wish to be successful in getting a divorce on grounds of adultery and constructive or actual desertion.  You must not be found guilty of any conduct that would be considered desertion if that is the ground for your divorce.  You also must not give consent to your spouse's desertion if that is your ground for divorce.  If you do happen to give consent, it would warrant a voluntary separation. 

If I leave my spouse because of abusive behaviors, can I be charged with desertion ?

Virginia state law does not consider desertion a crime.  You may not be prosecuted in a court of law for desertion at any time.  If you are sued for desertion, you can respond by proving it was actually you spouse's abusive behavior which gave you no choice but to leave.  If you have left the marital property in an immediate response to a pattern of abuse, you have a ground to use when you file a limited divorce called "constructive desertion".

Source :  Virginia State Code

Virginia Divorce ~ County Jurisdiction

Venue is defined as the court that will govern your divorce.  In the Commonwealth of Virginia, you can file divorce in the county where you last resided as husband and wife, in the county where the defendant resides if they are still a resident of Virginia, or in the county where you reside if the defendant does not live in Virginia. 

It is very important to establish residency and be prepared for court.  Good ways of establishing residency :

~ Driver's licence

~ Utility Bills

~ Voter Registration

~ Current job

~ Credit card accounts

~ Library Cards

Virginia law requires that you be a "domiciliary" as well as a resident of the Commonwealth which means you live in Virginia and plan to continue doing so. 

Source : Virginia State Code

Virginia Divorce ~ Custody

There are specifics in the Commonwealth of Virginia when custody is chosen. 

The court will always rule in favor of the best interest of the child or children involved during a divorce.  Each case is unique. 

The court will make judgements based upon each parents ability to :

1. Care for the child

2. Control and direct the child, use the best judgement when making decisions for the child

3. Home environment

4. The child's wishes if they are of an age to make such a decision on their own

Custody could possibly be given to someone who is not the birth parent.  Custody is always subject to change considering the changes made to the household. 

The parent who does not have custody will usually have a visitation set by the court if the parents cannot reach a decision on their own. 

Source :  Virginia State Code

Virginia Divorce ~ Grounds For Divorce

There are three major factors in your marriage that will also be involved in your divorce - you, your spouse and the Commonwealth of Virginia.  You will need to provide an acceptable reason to to the Commonwealth as to why you should be granted divorce.  The reason for the divorce is also called the ground for your divorce.  

There are different grounds for a divorce, separation and an annulment.  As far as an absolute divorce there are five grounds for a court to grant an absolute divorce :

~ Adultery, Sodomy, Buggery

~ Felony Conviction, at least one year imprisonment

~ Cruelty, with one year separation.  Cruelty that will grant a divorce is anything that causes bodily harm and renders cohabitation unsafe or that is dangerous to life, the person or health.  On this ground, a single act of cruelty will not be enough for a divorce. 

~ Desertion with one year of separation

~ Voluntary Separation with either six months with a valid separation and no minor children, or one year if there is no agreement or you have no minor children. 

Any of these grounds if proved in court will result in an absolute divorce.  It is possible to file for a divorce with more than one ground.

As far as limited divorce, there are four grounds for a court to grant a limited divorce :

~ Cruelty ( against the complaining party or their minor child )

~ Reasonable bodily harm

~ Desertion

~ Willful Abandonment

Limited divorces are mainly based upon willful desertion or cruelty.   As we know a limited divorce is not an absolute dissolution of the marriage.  In order to have a complete divorce you will have to file for an absolute divorce or an annulment.

Source : Virginia State Code

Virginia Divorce ~ Proof of Residence

Your residency will be proved by your witness.  The testimony of your witness is all that most courts require to verify residency.  Some cases have been overturned or dismissed because of improper proof of residency.  It is always necessary to give factual information in a court of law.  It's a good idea to bring copies of your lease to court.  It is possible that the county in which you file will require a sheriff's proof of residency, and in all Northern Virginia jurisdictions you may have to provide a valid Virginia driver's licence with  your present address for the judge or commissioner to verify. 

You can establish residency by registering to vote, your driver's licence, credit cards, library memberships, utility bills, etc.  It is very important that you have sufficient proof of residency before you go to court.

Source : Virginia State Code

Virginia Divorce ~ Virginia Residency Requirements

In order to begin divorce proceedings you must first file a complaint in the circuit court where you or your spouse lives.  You will have to meet the residency requirement at your hearing in court.  Divorce laws apply only to residents of the state where you file and each state has its own residency requirements.  For grounds of voluntary separation without cohabitation, the residency requirement in the state of Virginia is six months.  If no children are involved in the marriage you must be separated six months and have written a property settlement agreement before you file for divorce.  If there are children involved in the marriage, you must be separated a minimum of one year before you may file for divorce. 

Virginia law requires that you or your spouse has been a resident for the above stated period of time immediately prior to and at the time your divorce is filed.  After you have filed you can move anywhere without limitations.

To fulfill residency requirements you do not have to live at the same address.  You can move anywhere in the Commonwealth from which you are filing.  It is not necessary to list all addresses on your forms, but you will need to prove where you lived during the separation during your final hearing.

Source :  Virginia State Code