How to File for Divorce in Virginia

Divorce can be a challenging process, both emotionally and legally. Understanding Virginia’s divorce laws and filing procedures can help you navigate this difficult time with greater confidence. This guide outlines the key requirements, steps, and considerations involved in filing for divorce in Virginia.

Virginia Divorce Requirements

To file for divorce in Virginia, at least one spouse must have been a resident of the state for at least six months before filing. Military personnel stationed in Virginia for six months or more also qualify.

Grounds for Divorce

Virginia recognizes both no-fault and fault-based divorces. In order to file for divorce, the parties must meet the statutory timeframes. For example, a no-fault divorce requires spouses to be separated for six months if they have a signed separation agreement and no minor children or, one year, if they do not meet those criteria.

Fault-based grounds include adultery, cruelty, desertion, and felony conviction resulting in imprisonment for more than a year. Parties can file a complaint at any time if they are pursuing a fault ground, but they cannot be granted a divorce under cruelty or desertion grounds unless they have also been separated for one year. On the other hand, a fault-based divorce on adultery or felony conviction grounds does not require a year of separation.

Separation Period

For a no-fault divorce, spouses must live separately without cohabitation for six months or one year, depending on whether they have minor children and a signed separation agreement.

Preparing to File for Divorce

Before filing, gather important documents such as your marriage certificate, financial statements, tax returns, property deeds, debt records, and any agreements related to child custody or support.

Considering Legal Representation

While some divorces can be handled without legal aid from an attorney, legal representation is advisable if the case involves complex assets, child custody disputes, or disagreements over spousal support.

Mediation and Settlement Agreements

Mediation can help spouses reach a fair settlement without court intervention. Creating a settlement agreement covering property division, alimony, and child custody can make the divorce process smoother and quicker.

Filing for Divorce in Virginia

To start the process, the filing spouse (plaintiff) must complete and submit a Complaint for Divorce, which outlines the legal basis for the divorce. The divorce complaint then is filed with the court, and the plaintiff must pay the required filing fee.

Serving the Spouse with Divorce Papers

After filing, the other spouse (defendant) must be formally notified of divorce proceedings. This is done through personal service by a sheriff or process server, or by mail if the defendant agrees to accept service. The other spouse (defendant) may also sign a waiver of service. A waiver of service allows the parties to forego the formal notification through a sheriff or process server.

Responding to the Divorce Filing

The defendant has 21 days to respond after being served. They can either agree to the terms, negotiate, or contest the divorce. If they fail to respond, the court may grant a default judgment in favor of the plaintiff.

Temporary Orders and Court Procedures

While waiting for the final divorce decree, either spouse can request temporary court orders for child custody, spousal support, or exclusive use of marital property.

Court Hearings and Appearances

If the divorce is uncontested, a court appearance may not be necessary. Contested divorces require hearings where both parties present evidence and arguments before a judge.

Division of Property and Debts

Virginia follows equitable distribution laws, meaning that marital property is divided fairly but not necessarily equally. Marital property includes assets and debts acquired during the marriage, while separate property remains with the original owner.

How Property is Divided

The court considers various factors such as the length of the marriage, financial contributions of each spouse, and non-monetary contributions like homemaking and child-rearing. Marital debts are also divided equitably.

Spousal Support (Alimony) in Virginia

Spousal support is not automatically granted but may be awarded based on the factors found in Va. Code § 20-107.1. For example,  if one spouse is financially dependent on the other, he or she may be eligible for spousal support depending on the length of the marriage.

Types of Alimony

• Temporary Support: is granted during the divorce process
• Rehabilitative Support: helps a spouse gain financial independence
• Permanent Support: is awarded in long-term marriages where one spouse cannot become self-sufficient.

Factors Affecting Alimony Decisions

Judges consider the length of the marriage, financial need, income disparity, standard of living during the marriage, and contributions to the household when determining alimony.

Child Custody and Support

Custody decisions are based on the best interests of the child, considering factors such as parental involvement, stability, and the child’s preferences if they are old enough to express them. Joint and sole custody arrangements are possible.

Calculating Child Support in Virginia

Virginia uses a formula to determine child support, considering both parents’ incomes, healthcare expenses, and childcare costs. Support payments can be modified if circumstances change.

Finalizing the Divorce

If the divorce is uncontested, a final decree can be granted after the required separation period. Contested divorces take longer, often requiring court hearings and negotiations.

Obtaining the Final Divorce Decree

Once all issues are resolved, the court issues a final divorce decree, legally ending the marriage.

Post-Divorce Considerations

After the divorce is finalized, spouses may need to update legal documents such as wills, insurance policies, and beneficiary designations. Those who changed their last name may need to update their identification and financial accounts.

Special Considerations

Military Divorce in Virginia: Military divorces involve additional legal requirements, including compliance with federal laws like the Servicemembers Civil Relief Act. Military pensions are also subject to division under the Uniformed Services Former Spouses’ Protection Act.

Divorcing When One Spouse is Out of State: If one spouse lives outside Virginia, the process may take longer due to service of process and jurisdictional issues. However, Virginia courts can still grant a divorce if one spouse meets the residency requirement.

Common Mistakes to Avoid in a Virginia Divorce: Common errors include failing to properly serve divorce papers, not considering long-term financial consequences, and ignoring legal deadlines. Consulting an attorney can help avoid costly mistakes.

Renfro & Renfro: Compassionate Legal Guidance for Your Divorce

At Renfro & Renfro, we are dedicated to guiding clients through the complexities of divorce. Our mission is to provide compassionate, personalized representation while advocating for your rights and best interests.

With offices in Richmond, VA, and Fredericksburg, VA, we are here to serve you. If you need assistance navigating divorce agreements or court proceedings, contact us today to schedule a consultation. Let us help you achieve the best possible outcome for your future.