Every divorce is an emotional and stressful process. It can be extremely difficult determining how to divide property or creating a parenting schedule for your children.
Unfortunately, many marriages do end in divorces, and individuals often have to contend with these matters before they are able to move on with their lives. Fortunately, a dedicated family attorney can make the process a little simpler. Speak to an Alexandria divorce lawyer to discuss any questions and concerns you may have about dissolving your marriage.
Divorce Requirements in Alexandria
One of the first considerations when filing for divorce is determining Jurisdiction. In most cases, the Circuit Court where The filing party lives or the other spouse lives will be the proper place for them to file their petition.
Individuals must also state grounds for their divorce. State law includes two types of divorce, including a limited divorce and an absolute divorce. There are different grounds required for these different types of dissolutions.
Grounds for Limited Divorces:
The grounds for limited divorce will include cruelty toward the parties’ complaining party or children, excessively vicious conduct toward the party or children of the parties, desertion, or voluntary separation in cases where both spouses agree to end their marriage. A voluntary separation is a form of no-fault divorce that will apply for limited divorces in cases where the individuals live separately and apart and do not anticipate reconciling.
Grounds for Absolute Divorces:
Absolute divorce includes additional categories. Grounds for absolute divorce will include:
- Desertion for at least twelve months without interruption
- Twelve-month separations where the parties have lived apart for 12 months without interruption
- The cruelty of treatment towards the filing party or the party’s children
- Excessively vicious conduct towards the filing party or their children
- Conviction of a felony
Individuals looking to initiate a divorce in Alexandria should speak to an experienced divorce lawyer. An attorney may assist when it comes to deciding the best grounds upon which to file.
Contested Divorce and Uncontested Divorce
An uncontested divorce is one in which the individuals can agree on many of the important matters related to their separation. If the parties can understand who takes what property and where the children will spend most of their time, the process will go far more smoothly.
In contested divorce cases, the individuals will often have to litigate many of these matters in court. The litigation can take time and become extremely costly. It may help discuss potential alternative dispute resolution strategies with an Alexandria divorce attorney to learn more about ways to more amicably and a marriage.
Filing for Divorce in Alexandria
The spouse who wishes to file for divorce will start the process by filing their petition with the court. The respondent, who is the other spouse, will then have 21 days to respond to that filing. Out-of-state individuals will get additional time and must file within 60 days, and individuals living outside of the United States will have 90 days to respond.
If the responding spouse neglects to respond even after receiving service, the court will proceed with the divorce case. After the initial violence, the process will vary significantly depending on whether the case is contested or uncontested.
Divorce can be confusing, and navigating the court system is challenging. Having a divorce lawyer from Alexandria could help the process run more smoothly.
Speaking to a Divorce Attorney in Alexandria
When they engage in divorce litigation, the decisions courts make will impact both parties for many years to come. When negotiating agreements regarding spousal support, child custody, property division, and other vital aspects of your life, it is crucial to understand your rights and options.
If you are divorcing your spouse in Alexandria, you should speak to an attorney about your case. Call an Alexandria divorce lawyer today to schedule a consultation.