Roanoke Divorce Lawyer

On Behalf of | Jan 7, 2019 | Family Law

Basics of divorce in Virginia

Using Roanoke as an example, if you are divorcing in Roanoke, to obtain a Roanoke legal divorce, either you or your spouse must be a resident of Virginia or a member of any armed force stationed in Virginia for six months. Either spouse can get an uncontested divorce in Roanoke simply by filing divorce in Roanoke and stating in the divorce papers that “irreconcilable differences” have caused a breakdown in the marriage.

In addition, the two parties must have been living apart for at least one year. If there are no children, the spouses can enter into a separation agreement and get a divorce after being separated for only six months. For a 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 a divorce must prove specific grounds for divorce.

The same rules apply for Salem, VA contested divorce proceedings and Salem, VA uncontested divorce proceedings. Eric Roland Spencer, family law lawyers in Roanoke, can answer all your questions about Roanoke divorce, and divorce in Salem, VA and Vinton, VA.

The divorce process

In Virginia, a divorce is begun when one party files a Complaint for Divorce with the Circuit Court on the Chancery Side. The other spouse is served with the papers and given time to respond. If the parties are in agreement about property and debt division, child custody and child support matters, the divorce can be finalized without a trial. If the parties can’t come to an agreement, the court will set a future date for a hearing.

Marital property, alimony, child custody, support in Virginia

In Virginia, all assets and debts acquired before and after your marriage are considered to be marital property which must be equitably divided.  In Virginia, alimony is called maintenance, and the court can order alimony at its discretion. In addition, a court in Virginia will make child custody decisions based on what is in the best interest of the child unless the parents come to an agreement. Child support in Virginia is based on the combined gross income of the parents and how many children must be supported.

If you are seeking divorce attorneys in Roanoke, contact Roanoke divorce attorney Eric Roland Spencer, also serving Salem, VA and Vinton, VA, to examine your divorce case and suggest the most feasible options.