How to Get Divorced in Virginia

Рет қаралды 6,819

3 жыл бұрын

There are 4 key steps to get divorced in Virginia if you use a mediator:
1. INTAKE PHONE CALLS with both spouses (individually). In these calls we discuss:
- Goals
- Fears
- Applicable Laws
- Custody Arrangements
- Financial and Tax problems
- Child Support
- Spousal Support (Alimony)
- Various settlement options
2. MEET WITH MEDIATOR. In mediation we will settle all matters of custody, child support, spousal support (alimony), and the division of assets and debt. We do this through a fair process of assisted negotiation, the generation of settlement options, and a focus on the present and future (not the past).
3. DRAFTING SETTLEMENT AGREEMENT. The mediator writes up the court-ready Settlement Agreement. After the document goes through the editing process, the spouses sign it with a notary. All of the terms of your Settlement Agreement are a contract which is enforceable in a court of law.
4. FILE DIVORCE PAPERS IN COURT. Finally, you will need to hire an attorney (most clients use my referral list) to prepare and file the divorce paperwork (other than the Settlement Agreement, which is complete at this time). Once the judge signs your Final Order of Divorce (a.k.a. divorce decree), the process is complete.
In Virginia, you are eligible to file for divorce when you have been living separate and apart for 12 month (with kids) or 6 months (without kids).
Helpful Blogs:
www.grainemediation.com/2019/...
www.grainemediation.com/2020/...
www.grainemediation.com/2018/...

Пікірлер: 17

@amandarecoveryjones8216 7 ай бұрын

Hey, really appreciate your work. You mentioned you don't take DV cases as a mediator but the courts dont take my DV situation into consideration. They didn't care for any proof of DV so I can divorce him. Spouse also wont leave the home. What does someone do at that point?

@GraineMediation 7 ай бұрын

I think you need a good attorney to get the point across with convincing evidence. You really want to have police reports, medical reports, eye witnesses. However, you do not need to prove abuse to get divorced. You have the right to get a divorce without fault grounds in every state in the USA. You cannot be forced to stay married. However, if your goal is not divorce, but to force your spouse to leave the marital residence, you will need adequate proof of domestic violence (or other scary behavior). You might not need your spouse to leave the home, though, in order to get a divorce. I do not know where you live; but in Virginia that is usually not necessary. A couple can meet their required period of time living separate and apart while under the same roof. The same might be true where you live. Both spouses do not need to agree on this, either. If your spouse doesn't want a divorce, though, you will need to be careful in how you interact with him/her to make sure you are within your state's rules about what it means to "live separate and apart". Finally, if you are being physically abused, you need to protect yourself. Get yourself safe. That is your priority.

@whoucisme 10 ай бұрын

My legal spouse and I dwell in the same house, but have slept in separate rooms and have separate bathrooms and only use common areas of living room and kitchen. I am on disability. Does the 6-12 month separation apply in Virginia when there has been no intimacy in over a decade and taxes have been filed separately for years? Over 25 years of marriage and no minor children involved

@tayfan2 7 ай бұрын

Research "Bed and Board" that sounds like your situation. There is also something called "limited Divorce" if no division of property is involved.

@jerryholbrook13 Жыл бұрын

Uncontested divorce in virginia. My question is he wont sign rhe papers can i still get the divorce?

@robin-personal2039 11 ай бұрын

Yes. You can always get divorced. But, you now have a contested divorce on your hands that will probably cost you a fortune. Maybe you can find the words to convince him to mediate. 90-95% of all divorce cases settle. It just depends on whether you want to start with a litigation mentality (lawyers and $$$) and then end up settling OR starting with a settlement mentality (mediation) and savings tons of $$$.

@archanaarchana827 Жыл бұрын

I am on dependent visa .Please let me what steps I have to take for my Divorce.I have kid and I don’t have any money.I am fully dependent whom but I can’t stay with him

@GraineMediation Жыл бұрын

First thing you need to do is see an immigration attorney to determine how a divorce will affect your status in USA. Then, if you can talk with your husband and you trust him to tell the truth about money, you can probably mediate your divorce settlement. If you do not trust him, or if you are scared of him, you need an attorney right away.

@MeFAMOUS2 2 жыл бұрын

I need help with my divorce. I already have custody & child support. I don’t know what to do next.

@rgraine1196 2 жыл бұрын

It sounds like you have a temporary order for custody and child support that you did yourself? The next stage is probably to hire a mediator or lawyer to see you through the settlement of the remainder of the issues in your case and prepare and file the divorce paperwork. The steps are different depending on where you live. If you are in Virginia, I can help. If you are in another state, you need to contact a mediator or attorney in that state. Good luck!

@torrelldobson1907 Жыл бұрын

My wife moved out of the house last year because she said she couldn’t trust me She wrote a 2 page memo requesting things to take out of the house I agreed to those things We were only married 3 years, no retirement the house was mine prior to marriage with one child We talk everyday it seems civil How do we proceed and just simply get a divorce with joint custody

@abufares2725 Жыл бұрын

What if you didn’t married in USA

@GraineMediation Жыл бұрын

Where you get married is not a problem ... unless that marriage would not be recognized in the USA. I work in the Washington, DC suburbs (Virginia), which is a very international community. I have never seen this as a problem in terms of a Virginia couple getting divorced in Virginia.

@neshmalifestyletv2737 3 жыл бұрын

My husband served me with papers. After I had to leave with my kids,because of my domestic violence situation. I am having to find a divorce attorney and have no money. Barely have time to answer. Any recommendations for a pro bono in Va? Can’t seem to find any.😰😔

@rgraine1196 3 жыл бұрын

Hi Joyful Lifestyle. Sorry to hear about your terrible situation. I recommend you contact your local bar association and ask for a referral to a pro bono attorney or Legal Aid attorney. I wish the best for you and your children.

@neshmalifestyletv2737 3 жыл бұрын

@@rgraine1196 Talked to my Legal Aid attorney. Thank you so much for taking the time to reply. Have a great day.

@adm6785 3 ай бұрын

@@neshmalifestyletv2737 How did your divorce go? Hope you're doing well now. ;-)