The first step for any divorce is to establish your grounds for divorce. The most common ground for divorce in Virginia is a separation in excess of one year. This is a no-fault cause of action that does not require the showing of any wrongdoing on the part of the other spouse. If you have no minor children together, you are eligible for a divorce after only a six month separation, but in order to pursue that you must have a written property settlement agreement signed by both parties. The other common fault-based grounds for divorce are adultery, cruelty, and desertion.
Assuming that you do not have one of these fault grounds or you do not wish to pursue a contested divorce, then the first thing you must do in order to begin the divorce process is to physically separate from your spouse. This can give rise to a claim of abandonment or desertion, which may impact your ability to seek spousal support (or alimony) from your spouse. No matter which type of divorce you decide to pursue or whether you are already separated or not, the first step should always be to consult with an attorney about your rights. Many lawyers will offer free consultations for divorce matters. Because you are a military family, you may be able to avail yourself of the services of the JAG office.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
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