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Navigating Divorce in Virginia
For some, the end of a marriage can be extremely painful. For others, it’s the start of a new life after an abusive relationship. Regardless of the reason, divorce is a life-changing decision with repercussions and consequences.
It doesn’t help that Virginia divorce law can be complicated. Although proving fault is not always required, the divorce process is often demanding. If you need help navigating this ordeal, you are better off hiring a divorce lawyer.
A divorce and family law attorney can answer your questions and guide you through the process. Experienced and compassionate divorce attorneys at Ashwell & Ashwell, PLLC, can handle the entire process for you and protect your rights. We will be with you from day one until a divorce decree is issued.
What Is the Virginia Divorce Process?
The divorce proceeding starts with the filing of a complaint. There may be available forms online which you can use. However, a Virginia divorce attorney can draft your complaint and ensure it is complete and accurate.
The complaint usually includes:
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Proof of residency
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Date and circumstances of marriage
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Names and birth dates of minor children
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Ground or grounds for divorce
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Separation or having no physical relations
The plaintiff can decide whether to file the divorce in the city or county where he lives or where the other spouse lives.
Residency is the first requirement in obtaining a divorce in Virginia. You or your spouse must be a resident of Virginia for at least six months before filing. If both of you are no longer living in Virginia, then you cannot file for divorce here. If you cannot satisfy this requirement, your petition will be dismissed.
In case of an uncontested divorce
If the couple has minor children, they must be separated for at least one year prior to filing. This includes the adopted children of the couple. If the couple does not have minor children, they must be separated for at least six months. In addition, they must execute a property settlement agreement or separation agreement.
In an uncontested divorce, you only need to submit the following to the court:
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A waiver of service of process form (signed by your spouse);
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Your affidavit
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An affidavit of your witness, and
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The signed separation agreement
The court will review based on the forms and documents you submit. There is no need for court appearances.
In case of a contested divorce
The judge steps in to help the couple in making decisions. These decisions usually involve child support and custody.
Once a party files the forms, the other party will be served with copies of the papers. The party that files is called the complainant. The party who receives the papers is called the defendant.
The “service” of the divorce papers will properly notify the defendant of the request. The defendant will also be ordered to submit their response to the claims.
An uncontested divorce usually takes two to three months. Meanwhile, a contested divorce can take up to 1.5 years. If the decision of the judge is not appealed, the final decree becomes final 30 days after the judge signs it.
Marital Property vs. Separate Property
When it comes to marital property, any property acquired during the marriage, the parties may agree on how to divide their assets. If they cannot agree, the court may intervene to ensure the equitable distribution of marital assets based on the couple’s finances.
Grounds alleged may also affect how the property and financial assets are divided. For example, raising adultery as your divorce ground may affect your spouse’s share.
All property acquired and owned before marriage is considered separate and is not subject to property division.
