As an experienced attorney at BruegelPC, I know that filing for divorce in Virginia can feel overwhelming. You might be wondering where to start and what steps you need to take. Our team is here to guide you through the process and help you understand your options. Let me show you how we can make this journey smoother for you.
As indicated in VA.gov, to file for divorce in Virginia, fill out the necessary forms, file them at your local circuit court, and serve your spouse with the papers. You must be a resident for at least six months before filing. Ensure you follow the specific Virginia laws and procedures.
Steps to File for Divorce in Virginia
In Virginia, a unique aspect of filing for divorce is the mandatory residency requirement, which stipulates that you must have lived in the state for at least six months.
In general terms, first, you need to choose between a fault-based or no-fault divorce. For a no-fault divorce, you and your spouse must have lived apart for at least one year. You will need to complete and submit a Complaint for Divorce and other forms to the appropriate court. You also have to give your spouse the divorce papers.
If your spouse agrees to the divorce, they can sign an Acceptance of Service form. Essentially, if they don’t agree, they have 21 days to respond by filing an Answer to the Complaint. Depending on your situation, you might need to go through mediation or court hearings to settle things like property division, alimony, and child custody. After you reach an agreement, the court will issue a final divorce decree.
It’s important to follow all the steps correctly and make sure all forms are filled out properly to get a divorce in Virginia.
Residency Requirements for Virginia Divorce
In Virginia, to be eligible for filing a divorce, at least one spouse must have established residency in the state for a minimum of six months prior to filing.
At the base to file for divorce in Virginia, you should submit your case to the circuit court in the city or county where either you or your spouse lives. This rule is in place to make sure that Virginia courts can handle your divorce. Only one of you needs to live in Virginia to meet this requirement.
By and large, you will need to show proof of where you live, like a driver’s license, utility bills, or a lease, when you file. If you don’t meet the residency rules, your case might be dismissed. If both of you live in Virginia but in different counties, you can file in either of your counties. It’s a good idea to consult a lawyer if you’re unsure about the residency requirements for getting a divorce in Virginia.
Grounds for Divorce in Virginia
In our earlier discussion in Virginia, you can file for divorce based on both fault and no-fault grounds, including adultery, cruelty, or a one-year separation.
Come to think of it, there are several reasons someone can ask for a divorce in Virginia. These reasons include cheating, abuse, leaving without permission, being convicted of a serious crime, and living apart for a certain time.
Cheating means one spouse has been unfaithful. Abuse refers to physical or emotional harm. Leaving without permission happens when one spouse moves out and doesn’t come back. Simply put, being convicted of a serious crime means one spouse is sent to prison. Living apart means the couple has not lived together or had sex for six months (if they have no children) or one year (if they have children).
Virginia is a fault state, which means the person asking for the divorce has to prove one of these reasons. If they can’t prove any of these, they might still get a no-fault divorce by living apart for a long time.
Filing Divorce Papers in Virginia
Looking at what was said before, Virginia requires at least one spouse to have been a resident for six months before filing divorce papers.
By and large, first, make sure at least one spouse has lived in Virginia for at least six months before filing for divorce. Next, decide if the divorce will be uncontested or contested. In an uncontested divorce, both spouses agree on the terms and can file together. In a contested divorce, where they don’t agree, the spouse asking for the divorce files the paperwork.
You’ll need to fill out a Complaint for Divorce, a VS-4 Form, and a Civil Cover Sheet. These forms should be filed with the circuit court in the county where either spouse lives. To put it simply, the filing fees differ between counties and are usually paid when filing. After filing, the other spouse must receive the paperwork, either by certified mail or delivered by a sheriff or process server.
The other spouse then has a certain time to respond. If there’s no response, the court might issue a default judgment. If the divorce is contested, the spouses might need to go to mediation or a court hearing to sort out any disagreements. Once everything is resolved, the court issues a final decree of divorce, officially ending the marriage.
Virginia Divorce Timeline and Costs
As we agreed before, a divorce in Virginia can be finalized in as little as 1 month or take up to 6 months, influenced by factors like case complexity and whether it is contested or uncontested.
Generally speaking, the first step in getting a divorce is to file a Complaint for Divorce, which costs about $150 in court fees. After that, you need to serve your spouse with the papers, share financial information, and maybe attend mediation if needed.
If both of you agree on everything, the divorce can be done pretty quickly. But if you and your spouse cannot agree, it will take longer and might lead to court hearings or even a trial. You know, the cost of a contested divorce can vary a lot depending on how long it takes and if you need a lawyer. You might have to pay for attorney fees, additional court fees, and mediator fees.
In total, a divorce in Virginia can cost anywhere from a few thousand dollars to tens of thousands of dollars. It’s a good idea to talk to a family law attorney to get a clear picture of the time and costs involved for your specific situation.
My Concluding Thoughts
Based on what we analyzed before, in Virginia, filing for divorce involves meeting residency requirements, gathering necessary paperwork, and completing the required forms.
What BruegelPC is recommending to read about is, additionally, parties must decide on issues such as child custody, support, and property division. It is very important to carefully follow all procedures outlined by the court to ensure a smooth and efficient divorce process.
References
- “Virginia Family Law: Theory and Practice” by Steven L. Raynor, Virginia CLE, 2017
- “Divorce in Virginia: The Legal Process, Your Rights, and What to Expect” by Steven Raynor, NOLO, 2019
- “Virginia Divorce Alimony and Child Custody: An In-Depth Review With Case Summaries” by John P. Connor, Wolters Kluwer, 2020