Virginia provides two options for someone who wants to divorce: divorce from bed and board and divorce from matrimony. The first option is not recognized as full legal divorce; a person might divorce from bed and board because of cruelty, possible fear of bodily harm or desertion.
A divorce can be a difficult time for a former couple because of the complexity of separating the social and financial interests of both parties. However, when going through divorce proceedings, it may be beneficial for a Virginia resident to keep certain financial realities in mind.
Virginia individuals who wish to file for Chapter 7 bankruptcy must go through credit counseling no more than 180 days prior to filing. When the course is completed, the debtor will receive a certificate that must be presented at the time of the filing. The case may be dismissed if this document is not given to the court clerk within three days of petitioning for bankruptcy.
An uncontested divorce in Virginia might be simpler and less stressful than a contested one, but there are still requirements couples should be aware of when initiating the process. To obtain a divorce or to become legally separated in Virginia, at least one person must live in the commonwealth or have been a domiciliary for a minimum of six months. Service members who have been on duty in Virginia for six months or longer can file as well.
Chapter 7 bankruptcy may be available to those in Virginia who are filing as an individual or a business entity. Those who qualify are allowed to liquidate any debts that are eligible to be discharged regardless of how much that debt is. For instance, a debtor who has $1,000 of debt is given the same consideration under the law as someone with $100,000 worth of debt.
Virginia residents may want to know more about how a bankruptcy works. Bankruptcy is a federally-governed legal process designed to provide a fresh start to individuals and businesses by restructuring or eliminating certain debts. A case begins when a debtor files a petition with the bankruptcy court listing all assets, debts, income and other relevant financial information. At that point, an automatic "stay" is placed on all debt collection efforts.
If a person is in fear of suffering physical or sexual abuse, that person may get a restraining order. A restraining order may prevent an individual from contacting the person who asks for the order and the petitioner's family. In the event that an abuse victim shares a home with his or her alleged abuser, the person named in the order must leave the residence if it is granted.
While many older couples in Virginia who have more substantial assets are more apt to get a prenuptial agreement, younger couples often believe that prenups are unromantic and can show a lack of trust or commitment. However, young couples should seriously consider one for a variety of reasons.
People in Virginia might take an interest in information published about Chapter 7 bankruptcy. According to an Aug. 21 report, people who just discharged debts might have some chance to obtain new credit cards.
Virginia law requires that there be a valid reason as prescribed by law before a divorce will be granted. While, like many states, Virginia recognizes fault-based grounds and no-fault grounds, it further divides divorce into two categories: divorce from bed and board and divorce from the bond of matrimony.