Virginia may be for lovers, but, just in case, there's also a thorough legal divorce process. As in other states, you must meet initial threshold requirements to be able to file for divorce in Virginia and then the process develops according to the extent of the agreement between you and your spouse. Ultimately, any unresolved issues are decided by a family law judge.
Residency
To file for divorce in Virginia you must first meet the residency requirement, though in Virginia this is relatively permissive. If you ever lived together with your spouse in Virginia, you qualify. Divorce can be filed in Virginia in the last county in which you and your spouse cohabited in the state or alternatively, in the county in which the non-filing spouse currently resides.
Grounds
Virginia offers a no-fault divorce option, called separation divorce, but to qualify you and your spouse must have been living separately for at least one year. If you obtained a legal separation with an agreement settling all issues as to children and property, however, this period is reduced to six months. Otherwise, you can move immediately for a fault divorce on the grounds of adultery, sodomy, buggery, conviction of a felony, incarceration for at least one year, abandonment, assault or inhuman cruelty. At the time of filing you must identify the grounds for the divorce.
Filing, Service And Answer
To file for divorce you must present a completed original Complaint for Divorce form, plus a copy, two copies of the completed Domestic Case Coversheet and a VS-4 form, which is used by the state to compile divorce statistics. At the time of filing you must pay filing fees, which vary by county, and an additional fee is service is to be performed by the sheriff. To be effective, a copy of the complaint must be served on your spouse. Your spouse must file an answer to the complaint within 30 days of receipt or risk entry of a default.
Discovery And Negotiation
If the divorce is contested, the next step is to negotiate all the terms of property division, child custody, child support and alimony. To aid in this process, both you and your spouse will have to complete thorough financial disclosures and respond to requests for documents, depositions or written factual questions. The information gathered in the discovery phase can be used for trial, where any issues not settled by negotiation are decided by the court.
Hearing Or Trial
An uncontested divorce skips most of the discovery process and proceeds to what's called an ore tenus hearing. Usually, an uncontested divorce can be finalized at the hearing. A contested divorce can go to a full trial of evidence on issues not resolved between you and your spouse. The judge makes a decision based on guidelines in state law. The final terms of the divorce are written into a final decree of divorce and issued by the court.
