How to divorce in Roanoke, Salem and Vinton VA

Absolute and limited divorce

In Virginia, there are two types of divorce: absolute and limited. An absolute divorce means that the divorce is permanent, allows remarriage, and terminates property claims. When the court grants a limited divorce, it means that the divorce is not permanent, does not allow remarriage, and does not terminate property claims (but the limited divorce may settle these claims). A limited divorce only legalizes the separation and provides for support.

You do not need a legal separation in order to get a divorce. However, to secure a Roanoke contested divorce, or a Roanoke uncontested divorce, certain conditions must be met. For example, either your spouse or you must be a resident of Virginia or a member of any armed force stationed in Virginia for six months to meet the residency requirement to file for divorce. For divorce advice in Roanoke, Salem or Vinton VA, contact the Salem VA divorce attorneys.

Uncontested divorce in Roanoke

For a Roanoke uncontested divorce, either spouse can file stating that “irreconcilable differences” have caused a breakdown in the marriage and the two parties have been separated, i.e., living separate and apart without cohabitation, for at least one year. If there are no minor children and the parties have entered into a separation agreement, they can get a divorce after being separated for only six months.

Roanoke contested divorce

For a Roanoke contested divorce, if the spouses have been separated less than one year and are not in agreement that a divorce should occur, the spouse seeking divorce must prove one of the following grounds for divorce:

  • Adultery, including homosexual acts
  • Subsequent to the marriage, conviction of a felony and imprisonment for over one year
  • Cruelty, causing a reasonable apprehension of bodily harm with one year of separation
  • Willful desertion or abandonment for one year
  • Voluntary separation

If you have questions about getting a divorce in Roanoke, or need a Roanoke family law Attorney, contact Eric Roland Spencer.