Divorce & Family Law

Nong Dua Patel, LLC provides comprehensive legal representation in Virginia family legal matters including prenuptial and postnuptial agreements, settlement agreements, divorce, custody, matters of support, equitable distribution, and other related family matters.

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. In such cases getting a divorce in Virginia can be very complicated. There are a number of issues that need to be sorted like child support and custody, spousal support, alimony, distribution of property etc.

Grounds for Divorce:

A final or absolute divorce, also know as Divorce from the Bonds of Matrimony ("Divorce a Vinculo Matrimonii"), may be based on any of the following six grounds:

1. SEPARATE AND APART FOR ONE YEAR: This is the most common ground for divorce.  It is often referred to as a "no fault" divorce.  It means that the wife and husband have been continuously living apart, without cohabitation at any time for at least one year.
   
   
2. ADULTERY: The adultery must have occurred within the past five years.  You must not have continued to live with your spouse after you found out about the adultery. Adultery is a difficult ground to prove in court.
   
   
3. CONVICTION OF A FELONY: The conviction must have resulted in confinement in a state or federal penitentiary for more than one year.
   
   
4. DESERTION PLUS ONE YEAR SEPARATION: One spouse left the home without a good reason and did not intend to return, and the husband and wife have been separated for at least one year.  Leaving a marriage because of abuse does not constitute desertion.
   
   
5. CRUELTY PLUS ONE YEAR SEPARATION: One party abused the other physically, emotionally, or mentally and the husband and wife have not lived together for at least one year.
   
   
6. SEPARATE AND APART FOR SIX MONTHS: This ground can only be used if there are no children of the marriage under 18 and the parties have entered into a written property settlement agreement.