Virginia - Divorce Kits
| Virginia Requirements |
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The following laws are explained very briefly to provide a basic understanding. If further knowledge is wished to be gained please make use of your local library, and seek the assistance of an attorney. This section is reviewed regularly, but due to the changing of laws some material may be outdated.
Required Residency to File: 6 months
Where to File: The county in which the plaintiff resides
The county in which the defendant resides.
The county in which both spouses lived together prior to separation.
The county in which the plaintiff resides if the defendant is a non-resident of Virginia.
Grounds for Absolute Divorce:
Adultery
Bigamy ( grounds for annulment )
Felony Conviction or Imprisonment
Impotence
Insanity ( grounds for annulment )
Mental and or Physical Cruelty
Non-support
Grounds for "No-Fault" Divorce:
Living Separate and Apart
Time before ex-spouses may remarry:
Plaintiff (prohibited during period allowed for appeal )
Defendant (prohibited during period allowed for appeal )
Voluntary or required Mediation: ( no )
Voluntary or recommended Counseling: ( yes )
The Distribution of Property:
Virginia is an "equitable distribution" state. The court has full discretion to divide the real estate and all marital property. Any inheritance or gifts received prior or during the marriage is not considered for distribution. The following factors are generally considered: age and health, length of marriage, vocational skills, occupations, tax consequences, contributions in acquisitions, employability of spouses, and custody.
Spousal Support:
Support can be awarded to either spouse. Divorce on grounds of adultery will not include support, unless it is otherwise unjust. Employment possibilities of the spouses tend to cause the greatest influence on the decision. Living conditions similar to those when marriage existed is attempted to be restored, but a lot of factors play a significant role.
Child Custody:
Custody is awarded with the best interests of the child or children in mind. The following factors are generally considered: the age and sex of child, the wishes of the parents, the child's ability to adapt to a new environment, the mental and physical health of the parents and child, the relationship each parent has with the child, and the respect each parent has for the child's relationship with the other parent. Both parents are entitled to an equal opportunity for custody.
Uniform Child Custody Act: 1979
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
Child Support:
Either or both parents may be required to provide the support of maintenance, insurance, and education of the child. There are specific guidelines to be followed, unless when proven to be unjust. The following factors are generally considered: a child's need for contact with both parents, the joint responsibilities for the welfare of the child, the financial resources, division of marital property, cost of day care, and the standard of living the child would have otherwise enjoyed had not the divorce taken place.
| Document Example |
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To prepare your documents, you would simply edit the information as it applies to you.
Petitioner:
555-23-9178 III. { CHOOSE ONE OF
THE FOLLOWING } |
| Document Kit Contents |
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Your document kit will include:
Important Disclaimer: Information in this kit has been carefully compiled from sources believed to be reliable, but the accuracy of the information is not guaranteed, as laws and regulations may change or be subject to differing interpretations. This is a self-help legal product and is intended to be used by the consumer for his or her own benefit. Use of this kit to benefit a second party may be considered in many states as the unauthorized practice of law. As with any legal matter, you should consult with an attorney if you are unsure about proceeding, your case is of a complicated nature or to obtain legal advice. It is understood that by using this kit, you are acting as your own attorney. Accordingly, the publisher, author, distributor and retailer shall have neither liability nor responsibility to any party for any loss or damage caused or alleged to be caused by use of the kits. These kits are sold with the understanding that the publisher, author, distributor and retailer are not engaged in offering legal services. Should legal services or other assistance be required, the services of a competent legal professional should be contacted in your area. In addition, some counties or states may require use of
additional documents not found in this kit. If this is the case, please
contact us We will attempt to locate the additional forms for you at no cost. Purchase of this kit constitutes acceptance of these terms. |
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| Product ID: D-VA-0 Product Name: Virginia Divorce Kit - Without Children COST:$19.95 + Shipping & Handling |
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| Product ID: D-VA-WC Product Name: Virginia Divorce Kit - With Children COST:$22.95 + Shipping & Handling |
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