S Corporation And Divorce In Fairfax
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FAQ
In Virginia, the quickest way to get a divorce is through an uncontested divorce. To qualify for an uncontested divorce, you and your spouse must have lived apart for at least six months or one year.
There is no “quick” divorce in Virginia. You must be legally separated from your spouse for between 6 to 12 months (depending on children, grounds for divorce, etc.) before you can begin the divorce process. Uncontested divorces tend to be much less expensive and less time consuming than contested divorces are.
As long as you've met the requirements for beginning an uncontested divorce, you should be able to get your divorce decree not long after you've filed the necessary divorce papers. Usually, you won't have to appear in court.
Process for Filing Your Uncontested Divorce Online It is possible to file for divorce online in Virginia, though there are several requirements that must be met. An uncontested divorce, or one in which both parties agree to the divorce, must be agreed upon and documented in a signed document to the court.
There are 3 basic steps in filing for divorce: a bill of complaint which specifies the grounds for divorce and opens the case file, submission of a decree of reference, and submission of a decree of divorce which the judge will sign.
An owner of an LLC is a “member,” and the portion of the LLC they own is a “membership interest.” The membership interest is the member's personal property. Because a membership interest is personal property, a family court can divide it equitably in a divorce between an LLC member and their spouse.
You may file your divorce pro se only if one of the following things is true: (1) You have lived separate and apart, continuously and without interruption, for at least six months AND there are no minor children of the marriage AND you have taken care of all issues in a written separation agreement.
Parties with a separation agreement and no minor children may file for a no-fault divorce after only six months of separation. Note that couples with minor children have to wait one year before filing, whether they have a separation agreement or not.
The VS-4 form is a statistical form that must be provided before a divorce can be finalized. This form requires basic information about the client such as their date of birth, education level, and each spouse's address. After the form is endorsed, it is used for statistical purposes by the state.
Contested Divorce in Virginia If an uncontested or agreed divorce is not possible, one spouse can still file and ask the Virginia Circuit Courts to settle the matter. The other spouse can try to refuse served papers, can pretend the marriage is fine, or behave immaturely.
