The following information is intended for informational purposes only and is not provided with the intent of giving legal advice. All cases are unique. For further elaboration on these issues please make an appointment with Mr. Kaydouh via email, no email questions please, or call 703.790.5080 during business hours.
1) How long does it take to get a divorce?
It depends on whether you have a contested or uncontested situation. It could range from 2 months or less, to one year or more.
2) Do I need a legal separation agreement from my spouse?
If you have issues of alimony [spousal support], child custody and visitation, child support, property and debt issues -- you absolutely do. Even in an uncontested situation it is essential to have these issues professionally memorialized in writing within a proper legal framework. This document will control your’s and your children’s' lives for years to come and will be one of the most important documents you will ever sign.
3) Where can I file for divorce?
That depends. If you live in Virginia and your spouse does not live in the State, you may file in the county where you are residing, or any county in Virginia. If you both live in Virginia you may file where your spouse resides or where you and your spouse last cohabited. If you live outside Virginia and your spouse lives in Virginia you may file in the county where your spouse resides or where you last cohabitated.
4) How does the Court determine alimony [spousal support] and child support?
If the parties cannot agree, the Court will utilize the Virginia Support Guidelines for child support and the applicable County guidelines for alimony [spousal support]. However there could be a substantial variation based on "other factors" the Court may be asked to consider by either party.
5) How does the Court divide the property acquired in a divorce?
Pursuant to the Code of Virginia the Court will attempt to "equitably divide" the property by determining what is alleged to be separate and what is alleged to be marital including each party's share to the other party's pension. There are dozens of factors to be considered in determining these issues.
6) How will the Court determine custody and visitation of my children?
If the parties cannot agree, the Court will listen to the evidence presented by both parties on this difficult issue and will make a determination based on the best interests of the children. In determining this issue it is not uncommon for either or both parties to utilize the services of counselors and other experts who will give their opinions to the court.
7) If my spouse and myself are not getting along should I just leave?
Absolutely not, this could be construed as desertion in Virginia!
8) What are the grounds for divorce in Virginia?
Separation of 6 months or 12 months depending on whether you have children and/or a separation agreement. The grounds of adultery and cruelty are also available.
9) Can I get an annulment in Virginia?
Yes under certain circumstances, such as fraud, duress and lack of consent among others.
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