When filing a complaint for divorce in Virginia, even a casual understanding of the State's divorce law will give you an advantage. The court will usually have the ability to order the division of marital property, spousal support, or alimony, child support and a child custody arrangement. Virginia's legislature has enacted statutes that mandate particular requirements of your complaint for divorce and guide the court in making these determinations.
Filing in Court With Proper Jurisdiction
Possibly three circuit courts have jurisdiction over your divorce, according to the Virginia Rules of Civil Procedure. The circuit court of the county in which you and your spouse last lived together has jurisdiction over the divorce. This is the most common court for a spouse seeking divorce to file. The courts in the county or city where you or your spouse live also have jurisdiction and will accept your divorce filing.
Grounds for Divorce
When you file for divorce, you must include particular grounds of divorce if you expect the court to ultimately order the divorce. Under the Code of Virginia, you may incorporate fault-based or non-fault-based grounds into your filing. Potential fault-based grounds include adultery, your spouse being convicted of a felony or being incarcerated for at least one year, or where your spouse has abused or abandoned you. Potential non-fault-based grounds include living separately for at least one year, or if you and your spouse have agreed to a separation agreement and issues regarding your children, living separate for six months.
Simplified Divorce
If your spouse also wishes to divorce and is willing to agree to a separation agreement, the steps required to be divorced are reduced. A separation agreement is a contract in which you and your spouse agree to issues, such as the division of your property, who will receive custody of your children, and if one party will pay child or spousal support to the other. By coming to this agreement, you will have had to live apart for just six months and you will not have to serve the other party with the divorce complaint.
Uncontested Divorce
Many of the procedural hurdles necessary to call your spouse into court are waived in an uncontested divorce. An uncontested divorce is different from a simplified divorce in that you and your spouse only have to agree to divorce, nothing else. A divorce action becomes uncontested if, after you file the complaint for divorce with the proper court, your spouse files an answer and acceptance with the same court. The divorce action will then move forward to the divorce proceedings in which the court will make determinations as to marital property, custody and support payments.
