Manassas Divorce Lawyer

How to File for Divorce in Manassas

Here are the basic steps you will need to follow to file for divorce in Manassas:

• Complaint - One spouse (the “Plaintiff”) will file a document petitioning for divorce in his or her county’s court. The spouse will also pay the required filing fee. Some items that will be included in the complaint are:
  • Date and place of marriage
  • Where each spouse currently lives
  • Military status of each spouse
  • Residency information
  • Grounds for separation
  • The date of separation
  • Information regarding any children from the marriage if applicable
• Service – The complaint and summons (a document submitted by the court) must be delivered to the other spouse (the “Defendant”). There’s an official process for this so contact our law firm to learn more.

Frequently Asked Questions

Is Virginia a no-fault state?

While you are not required to claim fault in order to separate from a spouse in this state, fault can still be relevant to matters such as the separation of your shared property and spousal support.

Grounds for divorce in Manassas include the following:

• Was convicted of a felony and confined for more than one year without cohabitation following confinement
• Willfully deserted one year from the date of such act or caused fear of bodily harm
• Buggery, sodomy, or adultery was committed outside the marriage
• Was cruel to the other spouse

If you and your spouse have minor children together, you should know the child support guidelines in Virginia, as well as the child custody laws.

A skilled family law attorney at our law firm can help you understand your situation better and inform you of the potential long-and short-term consequences of your decisions.

When should you hire a divorce attorney?

Consulting with your own lawyer can assist you to examine the circumstance and better protect your interests. Going to court without a divorce lawyer can forever hurt your interests, as a judge's choice is extremely difficult to undo.

Undoing a divorce agreement is challenging and usually only enabled under really limited situations.

Another thing to consider is hiring a divorce lawyer, who can perform an evaluation of your proposed divorce petition prior to you signing it.

Is there a residency requirement to divorce in Virginia?

Yes, one of the spouses must be a VA resident for six months or more before the couple can file for annulment in the state.

How much does a divorce cost in Virginia?

No divorce is identical, and that means costs may vary from case to case. There are fixed fees such as filing the papers and sending a representative to serve your spouse. These fees generally range less than $100.

Does a prenup affect my divorce?

If the prenuptial agreement is valid with every requirement being met, then it can help you during divorce proceedings if the terms protect your belongings such as assets and property.

Does Virginia allow for legal separation?

Yes and no. Virginia does not have a legal mechanism for separation; however, spouses can enter into contracts during their separation period to settle issues such as property division, custody, support, etc. even though the marriage is not legally ended.

There is nothing to be filed with the court when spouses separate.

How does filing for separation work?

Spouses who wish to file a “no-fault” divorce, must be separated for a minimum amount of time before one spouse can file the Complaint. If the parties have minor children, they must separate, and remain separated, for a period of at least one year.

If the parties do not have any minor children and they have entered into a Separation Agreement, they can petition after having lived separate and apart for six months.

If there are grounds for annulment, the separation period is waived and the spouse can file immediately on grounds or “fault.”

How to determine the separation period?

The separation period begins when one spouse forms the intent to separate from the other, physically separates from the other by living separate and apart as if not married.

Parties can separate within the same household so long as they physically separate and live separate and apart within the home and carry on with their daily lives as if unmarried.

Proving in-home separation can be tricky so you really should discuss what constitutes an in-home separation with an experienced family law attorney.