- Certain steps are required for a divorce in Virginia.Virginia state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Bankruptcy and divorce in Virginia are both time-consuming legal processes. Virginia has set forth laws in both cases that must be followed by residents to file for divorce or bankruptcy in Virginia. - When filing for divorce you can file two ways: no fault or fault. If it is a no-fault filing, the divorce can be decreed for a couple with a child or children when husband and wife have lived apart for one year without interruption. There can be no cohabitation at all within that one-year term. If no children are involved, the divorce can be decreed once husband and wife have lived separately without cohabitation for six months.
Filing divorce with one party being at fault is slightly different. If either husband or wife has been found guilty of a felony after marriage and has been sentenced to more than one year of confinement, the other may file for divorce as long as no cohabitation has taken place since the guilty party was sentenced. If one of the two individuals is guilty of cruelty or desertion, the other may file for divorce after a year from the date of the incident. A fault divorce can also be filed if either husband or wife has committed adultery or certain sexual acts outside of their marriage. - When getting a divorce the property belonging to the individuals must be split. The court makes the final ruling on what property will be given to which person. Virginia is an equitable distribution state. This means that the property will be divided between the parties as much as possible. The courts always encourage the parties to work this settlement out on their own but if an agreement cannot be reached, the court will decide who gets what. Property can be considered separate or marital and this status helps determine who will get what when the divorce is finalized.
- In Virginia you can file Chapter 7 or Chapter 13 bankruptcy. Chapter 7 is considered straight bankruptcy and wipes out most debts and allows the consumer to start fresh. Chapter 13 is a wage earner plan which means a payment plan is set up so the consumer can pay back debts over a certain number of years. Chapter 7 is considered to be the quicker, simpler form of bankruptcy. Chapter 7 requires that most of your assets be sold off in order to repay your debts. Either form of bankruptcy does not take responsibility for alimony, child support, government fines or penalties, and some student loans. You will still be required to take care of these debts.
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