Step 1: File the Petition under Divorce Law

When one partner files a formal petition to dissolve the marriage, the divorce legal process gets underway. The petition has to contain:

– A legitimate cause for divorce (dissolution grounds)

– A declaration demonstrating that at least one partner satisfies the state’s residency criteria in order to file for divorce.

– Additional statutory data that your state needs

The majority of states allow you to file for a no-fault divorce, which waives the need for a valid basis for the split. If a couple has lived apart for a year, the courts in Virginia will grant a no-fault divorce. The period of time is shortened to six months if there are no minor children.

Step 2: Ask for Short-Term Directives

In Virginia, the divorce process can take many months, and sometimes couples are unable to wait that long for judgments. However, provisional orders can be requested and granted for a variety of reasons, such as:

1. Custody of children
2. Child assistance
3. Spouse’s assistance
4. Orders restraining property
5. Orders for the status quo

In order to ensure that you have access to the necessary resources and protection, request temporary orders as soon as feasible.

Step 3: Attend to Your Spouse and Await Their Reaction

If you are the one filing for divorce, you will need to serve your spouse with the divorce decree and then submit a certificate of service to the court. Your spouse must complete an affidavit stating that they accept service. To formally serve the other spouse with the petition, the petitioner frequently needs to pay a process server or sheriff. The evidence of service is then recorded by this third party.

Step 4: Seek to Reach a Consensus

For anyone going through this procedure, an uncontested divorce—one in which both parties are in agreement on all matters—is the ideal result.

This can be worked out between the two parties or with a mediator’s assistance. This will not only save money for each partner, but the hatred will usually be much reduced.

Step 5: Attend Court

Should you and your partner fail to come to a mutual understanding, the matter will proceed before a Virginia judge. While having a court issue orders has its advantages, there may be drawbacks as well because the parties have little to no control over the agreement. Virginia’s Circuit Courts hear cases pertaining to families, including divorce. Every Virginian city and county has a Circuit Court.

Step 6: Accept the Divorce Judgement

The official divorce ruling, which dissolves the marriage, will follow the divorce law trial. The terms of the couple’s ultimate divorce of marriage include information regarding child custody, debt and property split, and other pertinent matters.

Engage with a Skilled Virginia Divorce Lawyer

You should work with a skilled Virginia divorce lawyer if you are divorcing your spouse and can’t come to an understanding. You can rely on a lawyer to fight for you and protect your rights.

Frequently Asked Questions About Virginia Divorce Law Process

1. What are the grounds for divorce in Virginia?

Virginia recognizes both fault and no-fault grounds. Fault grounds include adultery or cruelty, while no-fault grounds often involve a one-year separation.

2. How long must I reside in Virginia before filing for divorce?

At least one spouse must be a resident for six months before filing for divorce in Virginia.

3. Can we create a separation agreement?

Yes, couples can create a separation agreement to address issues like child custody, support, and property division during the one-year separation period.

4. How is property divided in a Virginia divorce?

Virginia follows equitable distribution, where marital property is divided fairly, considering factors like financial contributions and length of marriage.

5. How is child custody determined?

The court considers the best interests of the child, evaluating factors like parental fitness, the child’s preferences, and the ability to provide a stable environment.

6. What factors influence spousal support (alimony) awards?

Factors include the length of the marriage, financial need, standard of living during the marriage, and each spouse’s financial situation.

7. How do I file for divorce in Virginia?

File a complaint with the appropriate circuit court, ensuring you meet the residency requirements. The non-filing spouse is served, and a waiting period begins.

8. Are mediation and counseling required?

While not mandatory, some cases may involve mediation or counseling to resolve disputes before going to court.

9. What happens at a court hearing?

If spouses can’t reach an agreement, a court hearing is scheduled to address contested issues like property division and child custody.

10. When is the divorce finalized?

Once all issues are resolved, the court issues a final divorce decree, officially ending the marriage.