The decision to get a divorce is often hard, and some people may think that the process is highly complicated. It is true in some cases, but it does not have to be like that. Laws provide couples with ways to get their dissolution of marriage with relative ease.
That is why knowing the legal processes behind the divorce can become quite handy. This article focuses on providing those interested in divorce with information, steps, and tips regarding the divorce process in the state of Virginia.
General Information to Consider
Virginia is known as the “no-fault” state. It means that spouses can begin the divorce process by stating that their marriage is irretrievably broken and there is no means of repairing it.
However, the state of Virginia demands that partners live apart from each other for at least one year before filing for a no-fault divorce. If the couple does not have children, this period is reduced to six months.
As for the fault-based grounds for divorce, the state of Virginia recognizes:
- Adultery;
- Cruelty;
- Desertion;
- Felony conviction and confinement for at least a year.
The Process
Virginia has a defined divorce process that follows several steps, similar to other states. The information below applies to an uncontested divorce when both partners can agree on all the essential matters such as child custody, property division, allocation of debts, and so on.
The divorce becomes contested if parties are not able to reach an agreement on the previously mentioned issues. It means that the judge becomes actively involved in the process. Furthermore, spouses going through a contested divorce often hire attorneys, meaning that the divorce could become pricey and last for a long time due to lengthy court litigation.
Preparation of the Divorce Papers
Each county within the state of Virginia has its own set of divorce papers. It is advisable to visit the local county clerk’s office or court’s website to get more information. Basic forms are:
- Complaint;
- VS-4;
- Cover Sheet for Filing Civil Actions.
Doing the paperwork yourself might sound like a tiresome process, especially if you are not good with legal documentation. However, there is an alternative.
Today, it is possible to use the services of online divorce assistance companies. These websites allow users to fill out and generate 100% court-approved divorce paperwork for their specific case with ease. All it takes is going through a simple questionnaire, and the platform will determine the required documentation package. Papers are usually ready within several business days.
Filing the Papers
Filing for divorce is relatively straightforward in Virginia. Papers must be brought to the local county clerk’s office based on the petitioner’s or respondent’s residency. Documents have to include some crucial information:
- Date and place of marriage;
- Military status;
- Current living arrangements;
- Satisfaction of the living requirements;
- Grounds for divorce.
If partners have children, the court will require additional information to be included.
Additionally, the petitioner has to pay filing fees, but it is possible to ask for a waiver. The judge reviews the request based on the reasoning for it.
Serving the Papers
After filing the papers, the petitioner has to serve them to the other partner, known as the “service of process.” There are several methods of doing it:
- Hiring a neutral individual over 18 years old;
- Hiring a deputy sheriff;
- Hiring a private process server.
Final Hearing
After the divorce papers have been served, the petitioner has to bring copies of all the documents to the clerk’s office. Furthermore, the state of Virginia requires one witness to take part in the hearing. If all the legal requirements are met, the judge reviews the papers and signs the final divorce decree.
Additional Thoughts
While Virginia has some specific requirements regarding the conditions to be met before getting a divorce, it does provide spouses with a simplified procedure if the divorce is uncontested. Yes, residency requirements play their role, but the state does not impose any waiting periods after filing the paperwork.
Couples seeking an uncontested divorce can avoid potential expenditures and save time if they agree on all important matters. Online divorce paperwork services can ease the process further. However, in the end, the complexity of a divorce depends on the individual case. So, keep this in mind when considering how to go about your divorce, and good luck!
