Divorce Without Alimony In Fairfax
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
The Divorce Code of 1980 provides that the court may allow alimony to either party "only if it finds that alimony is necessary." Under Virginia law, married people are financially responsible for each other - the husband has a duty to support his wife, and the wife has a duty to support her husband.
What is a wife entitled to in a divorce in Virginia? Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouse's financial situation and assets.
For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse's income and 26% of the paying spouse's income.
Prove that you are earning less than your spouse: You can avoid paying spousal support or alimony if you can prove successfully that you were not the main breadwinner of the family. The Code of Virginia is unbiased on the gender where spousal and child maintenance is concerned.
One of the most significant disqualifying factors for alimony in Virginia is adultery. If you've been unfaithful during your marriage, you may lose your right to receive spousal support. Other fault-based grounds for divorce, such as cruelty or desertion, can also impact alimony decisions.
You must get alimony at the time of divorce, or you are barred from every getting alimony in the future. Unlike some other jurisdictions, such as Maryland where alimony is "rehabilitative" alimony awards in Virginia are not limited to a temporary period while the spouse gets back on his or her feet.
In Virginia, the courts consider various factors to determine eligibility for spousal support during separation. Under Virginia Code § 20-107.1, judges evaluate whether one spouse has a genuine need for support and whether the other spouse has the ability to provide it.
The quickest divorce option in Virginia is an uncontested divorce, where both parties agree on all terms without requiring court intervention.
Two Types of Divorce in Virginia Whether it is a fault or no-fault divorce, you do not need your spouse's signature or verbal agreement to file. Once you file the complaint and the divorce is opened with the court, your spouse will be served with the complaint and will have 21 days to respond.
Your first step is to draft the complaint and supporting documents and file them in circuit court. Your paperwork must comply with proper legal formatting and information requirements.
