Faqs

How much spousal support will I get/have to pay?

Broadly speaking the courts look at the need of the spouse requesting spousal support and the ability to pay for the other spouse. You’ll have to be prepared to present to a court your income and expenses (no matter which side you’re on).

There are a few calculators online that are typically only used in temporary hearings (and not for final resolutions) but those will provide a decent ball park.

Will I get half of my spouse’s retirement/will I have to give my spouse half of my retirement?

Another bad attorney answer: it depends. The rule of thumb is that the parties divide the “marital share” equally, with the marital share being defined as the amount accrued during the marriage.

Should I leave the house?

While this question is highly specific to your facts the general answer is no. You don’t want the other party to claim you deserted or abandoned your spouse and children.

How long will a divorce take?

Bad lawyer answer here: It depends. If you and your spouse have already agreed on how to divide your assets then it will only take a few months. If it’s hotly contested, particularly if there are children involved, it can potentially last years. 

How do I prove my spouse and I are separated?

The courts generally accept testimony by one spouse either in person or by affidavit as strong enough evidence that the parties have been living “separate and apart.” 

Do I have to move out to file for divorce?

Nope! Virginia only requires that you and your spouse do not present yourselves out to the public as “married.” Even if you’re living in the same house as long as you’re effectively living as roommates you’ve initiated the separation period!


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