In the 70s and 80s, we begin hearing that someone got a divorce due to Irreconcilable Differences. This seemed to be a way of saying that the couple just didn’t want to be married anymore. While there may be some states that allow a couple to state that the divorce is based on irreconcilable differences, Virginia is not one of them. In Virginia, there must be grounds for divorce. All the obvious grounds are allowed like adultery, desertion, and cruelty. In addition, Virginia allows divorce based on a legal separation for the required period of time. The vast majority of divorces in Virginia are based on a legal separation. For more information on the requirements to be legally separated, check out my article about it.
Is there a way around the separation period to file for divorce?
Frequently individuals want to know if there is some way around the separation period for filing for divorce. Usually, these are individuals who have only been married for a short period of time, like a few weeks. Unfortunately, in Virginia, you must meet the legal requirements to file for divorce and unless you have other grounds, like adultery, you will have to meet the required separation period. However, there are things that you can do during the separation period to ensure that your divorce process goes smoothly.
How can I ensure that my divorce process goes smoothly?
You need to make sure that you stay in contact with your spouse during the separation period. Once you file for divorce, you will have to notify your spouse about the divorce action. The easiest and fastest way to do this is to have your spouse sign off on a waiver and acceptance of service. This means that you need to be able to find your spouse to have them sign this paperwork. So stay in touch with your spouse.
Many couples have a separation agreement prepared which settles all the issues for the divorce such as who gets what and who pays for what. This can help the divorce process to go smoothly since all the issues have been resolved. Both spouses have to sign a separation agreement for it to be effective and the signatures should be notarized.
If you are currently separated and ready to start on divorce, contact me or call my office at 757-276-6555 today. We will set you up with a free phone consult to discuss your situation.
