Short-Lived Marriage? What You Need To Know About Divorce In Leesburg
Some marriages break up after couples have been together for decades. Maybe something happened to cause the split or they may have simply grown apart over time. In other cases, people may realize shortly after their wedding that the marriage was a mistake and that a divorce is the best option. In this situation, our Leesburg divorce attorney explains some of the factors to consider.
Getting A Divorce After A Short-Lived Marriage
It makes sense to think that getting a divorce in Loudoun County would be easier for couples who have only been married a short while compared to those in long-term marriages. While this is generally true, it will depend on the specific factors involved in your case.
One of the primary considerations is whether both you and your spouse agree to the divorce. If they are resistant to the idea and want to remain married, this could make the process more time-consuming and complex.
Another consideration involves divorce-related issues that must be resolved under the Virginia Code before a final order can be issued. Depending on the situation, the following could be an issue in your case:
- Equitable division of marital property: In a short-lived marriage, couples typically have little in the way of marital property and assets. However, if you bought a home or made other major purchases in the time since your wedding, you will need to consider how to handle ownership of these properties.
- Spousal support: Generally, spousal support is another non-issue in short-lived marriages. However, even if the marriage is short, if there is a large disparity in income between you and your spouse, you may be entitled to these payments.
- Child custody and support: If there are children from your relationship, even if they were born prior to your marriage, child custody and support is an issue that must be addressed.
When The Reason For Your Breakup Could Factor Into Divorce Proceedings
You do not necessarily need to cite any specific reason for requesting a divorce through the Loudoun County Court. You can get divorced provided that you’ve lived separately from your spouse for one year (or six months if you have no children and have a signed property settlement agreement). However, if you do have ‘grounds’, it could favorably impact your rights regarding support or marital property in a settlement. These include:
- Adultery;
- Desertion;
- Domestic abuse or cruelty.
In addition, if you entered into the marriage under false circumstances, such as due to fraud or coercion on the part of your spouse, rather than getting a divorce, you may be entitled to have your marriage declared null and void instead.
Request A Consultation With Our Loudoun County Divorce Attorney
It is generally easier to obtain a divorce after a short-lived marriage, but there are still some issues that could complicate your case. To protect your rights, get trusted legal guidance from Schwartz Kalina, PLLC. Call or contact our Leesburg divorce attorney online today to request a consultation.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/
vacourts.gov/courts/jdr/loudoun/home.html
