When can I get a divorce?

In the state of Virginia, you can file for a divorce if you have lived separately for at least six months and can show there is no chance of a reconciliation. This is known as a no-fault divorce. In this circumstance, you do not need to prove fault, such as adultery or abuse, in order to get a divorce. If you do intend to prove fault, Virginia recognizes adultery, cruelty, desertion, and conviction of a felony as grounds for divorce. In all instances, you must have lived in Virginia for at least six months before filing for divorce. Adultery, desertion, and felony conviction must have occurred within the past five years before you file. If you or your spouse have a mental illness or other incapacity that prevents you from making rational decisions, you can get a divorce if one of the spouses is found to be mentally ill or generally incapable of performing marital duties. In the state of Virginia, you must wait 45 days from the date of filing for your divorce to be finalized. This can be waived if both parties agree to waive it and sign a waiver that is approved by the court. At this time, the court will review your divorce papers and make a decision about the division of assets and debts, as well as any spousal or child support payments. Overall, in Virginia, you can get a divorce if you have lived separately for at least six months and can show there is no chance of a reconciliation. If you intend to prove fault, Virginia recognizes adultery, cruelty, desertion, or conviction of a felony as grounds for divorce. Lastly, you must wait 45 days from the date of filing for the divorce to be finalized.

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