Virginia Info

Virginia Divorce Start Your Divorce Find Professionals Virginia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Virginia Products Divorce by County

Virginia Articles

Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Virginia Divorce Support Virginia Divorce Online

Separation & Divorce for Non-citizens

Half of all U.S. marriages end in divorce. Non-citizens are not immune -- if anything, they may be more vulnerable to marital problems than the average person. Visitors to this country face cultural stresses in addition to the usual personal conflicts of married couples, and are often without the support network they would have at home.
  • There are some basic legal issues you should understand if you are considering separation from your spouse.
  • If you and your spouse are physically residing in the US, you have the same access to the courts as citizens.
  • The legal rights and obligations of non-citizens are the same as those of citizens.
  • Divorce may affect your visa; immigration laws need to be taken into account.
  • The law of the state in which you live applies, not the place where you were married.
  • Divorce is time-consuming and expensive.
The divorce laws and procedures in the U.S. may be drastically different from those of your home country. You may also have a choice of where to proceed. Before making any decisions, educate yourself on your options. Talk to an attorney in your home country, and one in the U.S. You may find it preferable to use your home country's system, despite the distance or inconvenience.

Litigation or Mediation?

In the traditional approach to divorce husband and wife both hired lawyers, who spoke to each other to negotiate the issues (child custody, child support, visitation rights, alimony and division of property). Anything not settled by negotiation was litigated, and the decision made by a judge. A litigated divorce is expensive, often resulting in legal fees in excess of $50,000 per person. Litigation is focused on the past, and on establishing fault or guilt in order to win. Many couples don't realize that there are alternatives to hiring lawyers and fighting it out in court. In the long run, a mediated divorce is generally preferable. When a couple can't work out issues by themselves a mediator can help. A mediator is a neutral third person who works with the couple to find mutually acceptable solutions to problems. Mediation is future oriented. The focus is on creating new parenting arrangements and new financial arrangements to replace the old ones. Mediation allows individuals to retain control of the process and the outcome by keeping the decision-making in their own hands. Matters may be resolved in a few sessions with the mediator, and at a much lower cost. The final paperwork to obtain the divorce can often be handled by the couple without any further expense, or by one attorney


Was this helpful? Like our site & let us know.

Related Articles


Start Virginia Divorce Start Your Virginia Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Virginia Divorce Find Virginia Divorce Professionals in Your Area:
Join the Network
Virginia Divorce Products, Services and Solutions Virginia Divorce Products, Services and Solutions
Virginia Divorce Resources to Help You Through the Process.
Online Parenting Class Virginia Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Virginia Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Virginia is an equitable distribution state, which means if the spouses don't agree, the marital estate will be divided fairly but not necessarily equally. In dividing property the court considers the contributions, both "monetary and non-monetary," of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the "character of all marital property," and "other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award."
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Virginia Divorce

 

Settle Your Divorce Negotiate Your Virginia Divorce

 

Support Forum Virginia Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - How to Stop Your Divorce (Even When You Think its Too Late)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"