Divorce is a legal process, and navigating the court system can be complicated. Of course, ending your marriage is also stressful and emotionally difficult.
Fortunately, you do not need to endure this process on your own. Our experienced family lawyers can take the lead and help you through this difficult time. An Arlington divorce lawyer can help you navigate the system and complete the divorce process.
Residency Requirements for Arlington Divorce
Before filing for divorce in Arlington, a person must meet the terms of residency. The law also requires that at least one of the spouses must live in the state for a minimum of six months.
The party filing for the divorce should initiate the case in the county where they live or where the defendant lives. An Arlington divorce attorney can work with their client to determine the proper place to file.
Grounds for Divorce in Arlington
Individuals can file for divorce in Arlington after they live apart from their spouses for six months if they do not have minor children or 12months if they have minor children, if they choose to file a no-fault divorce. It is possible to file a fault-based claim without living apart for six or twelve months.
Grounds for divorce will include the following:
- Being committed to a mental institution
- Conviction of a felony
Choosing to file a fault-based divorce will mean needing to prove that the other person engaged in wrongful conduct. An allegation is not sufficient to meet the court’s standards when it comes to proving that a spouse engaged in conduct that led to the breakdown of the marriage. An experienced divorce attorney in Arlington can determine the grounds for marriage dissolution and help with the paperwork to ensure it is filed correctly.
How to File for Divorce in Arlington
Filing for divorce starts with the plaintiff completing a complaint. The plaintiff must serve their spouse with the divorce papers. The court will need proof that the plaintiff received a copy of the documents.
Once the defendant receives service, they will have 21 days to respond. The time frame is longer for individuals who live outside of Virginia. Both the filing party and the defendant will need to speak to an attorney about initiating a divorce in Arlington.
Issues to Negotiate in an Arlington Divorce
One crucial aspect of a divorce is dividing property. Married individuals will acquire property together, in many cases, including a home, cars, and other assets. In Arlington, courts do not divide the property equally but rather seek a division that is fair to both parties.
Equitable distribution might mean different things depending on the property that the parties own. In some cases, the parties may also need to work out support payments if one party needs the support and the other has the ability to pay. Many factors will influence spousal support, including the length of the marriage, the parties’ ages, health, and financial situations.
The other major issue that couples might need to negotiate is child custody. Custody disputes are emotionally challenging and highly complicated. Anyone grappling with these complex matters should speak to a divorce attorney in Arlington.
An Arlington Divorce Lawyer Can Help Make a Difference for You
If your marriage is ending, you will need to make a lot of decisions before you can begin the next chapter of your life. While divorce is a difficult experience, it is also a legal one.
An Arlington divorce lawyer can provide advice and counsel their clients throughout the litigation or negotiations. Call an attorney to discuss your case.