Starting Your Next Chapter: Frequently Asked Questions About Divorce

The marriage dissolution process can be both daunting and complicated. If you and your spouse have decided that this is the best way forward, however, then it can present a new beginning. As with any major life event, divorce is not a simple undertaking, and as you navigate this process, you may have more questions than answers.

The attorneys at Bowen Ten Long & Bal, PC, can answer them. When you meet with us, you will be getting sound legal advice from an experienced perspective. What follows are several questions that our lawyers often answer during our initial client meetings.

What is the difference between “fault” and “no-fault”?

In the state of Virginia, divorce is categorized in two ways: “fault” and “no-fault”. In a “no-fault” divorce, both parties must first live separately for one year. If you do not have minor children, that period can be reduced to six months. A “fault” divorce requires proof of adultery, bodily harm, desertion or abandonment, or a felony term of imprisonment. A “fault” divorce, while more difficult to prove, can allow an individual to circumvent the requisite separation.

How will my property be divided in a divorce?

In the division of marital property, Virginia adheres to an “equitable distribution” system. What this means is that marital property is assessed in a manner that surveys the totality of a couple’s finances. Separate property, which is property that was acquired prior to marriage, is often not eligible for distribution. This phase of the divorce process is uniquely complex, and the services of a skilled attorney can prove critical.

Are there residency requirements in a Virginia divorce?

To file for divorce in Virginia, at least one spouse must have maintained residency in the state for a period of no less than six months.

Do I need an attorney during the divorce process?

The law does not require an individual to hire an attorney during a divorce. Still, regardless of how amicable your proceedings may be, it is in your best interests to seek representation. By turning to the services of an experienced lawyer, you can better protect your long-term interests as you move forward with your life.