Divorce/Family FAQ
The information provided below is intended to provide quick answers to common questions and should not be considered legal advice. To address your particular situation, contact The Law Office of Michael D. Kaydouh.
How long does it take to get a divorce?
All cases are unique. The length of time can vary, depending on whether your divorce is uncontested or contested. Proceedings can range from two months to a year or more.
Do I need a legal separation agreement?
If your divorce involves debt, property issues, child support, spousal support, custody or visitation, you need a lawyer to put together a separation agreement properly documenting these issues.
Where can I file for divorce?
If you are a Virginia resident and your spouse is not, you may file in any County in Virginia. If you and your spouse both reside in Virginia, you may file in the County of residence of your spouse last cohabitated. If you live outside Virginia and your spouse lives in Virginia, you may file where your spouse resides or where you both last cohabitated.
How does the court divide the property acquired in a divorce?
Generally, the court will attempt to equitably divide all property by determining what is separate and what is marital, including either party’s share of the other’s pensions/retirement.
How does the court determine alimony (spousal support) and child support?
If both parties are unable to agree on an amount, the court will refer to the Virginia Support Guidelines for child support. For alimony, the court will refer to the guidelines for that particular County.
How will the court determine custody and visitation of my children?
If the parties involved cannot agree, the court will hear evidence from both and make a judgment in the best interest of the children. In some cases, either or both parties may use a counselor and other experts to give their opinion to the court.
If my spouse and I are not getting along, should I just leave?
No! Don’t just leave, as this could be considered desertion in the State of Virginia.
What are the grounds for divorce in Virginia?
In Virginia, grounds for divorce include separation for six to 12 months, depending on whether you have children or a separation agreement. Adultery and cruelty are also grounds for divorce.
Can I get an annulment in Virginia?
Yes, but only under specific circumstances such as duress, lack of consent and fraud, among others.
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