Divorce can be messy and painful — emotionally, physically, and financially. Nobody enjoys this prospect, but unfortunately we all know that it does happen. Emotions often run high during the dissolution of a marriage, which can make the process itself feel that much more gruelling and devastating. This short guide will aim to help guide you through that process. It should be considered for information purposes only, so remember that your individual circumstances may be different. For detailed advice, please consult your Virginia Beach divorce lawyer.
1. Ensure you meet the legal requirements and decide what kind of divorce you require
Virginia has certain legal requirements that must be met for a divorce to proceed. At least one of the parties must have lived in Virginia for six continuous months, and proof of this may be required. There is also a different minimum length of separation requirements that must be met before a divorce can be considered — six months if no children and twelve months if children. A divorce must also be lodged in the county in which either you or your spouse have resided.
Grounds for divorce in VA fall into two broad categories — no-fault and fault. No-fault divorces will only require the minimum period of separation to be met, where fault divorces must provide proof of fault in one or more of the following categories:
- Felony conviction and one year or more of imprisonment
- Adultery, sodomy, or buggery
- More than one act of cruelty
- Desertion for at least twelve months
- Voluntary separation (with the same minimum separation period as above)
Before filing for divorce, you should understand both types of divorce recognized in Virginia in order to make the best decision regarding which type of divorce is appropriate for you to seek. In Virginia, these are “divorce from bed and board” (partial divorce recognising legal separation but not permitting remarriage) and “divorce from the bond of matrimony” (full and absolute dissolution of the marriage).
2. Complete all paperwork in full, pay the required fee and legally notify your spouse
Paperwork is a necessary part of the divorce process, so it’s important that you get this step right. You must complete all relevant forms in full and pay the required fees to be able to successfully lodge your divorce. Once this has been done, you’re then required to legally notify your spouse. This is done by them being officially served within 21 days of the divorce being filed, by either a process server or the court. Once served, your spouse will have 21 days to issue a response.
In completing the paperwork, you will need to state what your proposal is for the division of any assets, custodial arrangements for children, or whether alimony is being sought. It may be a good idea to consult with a Virginia Beach divorce lawyer before filling this out.
3. Determine if the divorce is contested or uncontested
If your spouse does not respond or submits a waiver notice in response to being served the notification of divorce, then the divorce can proceed uncontested. This means that both parties agree to the terms in the divorce, including all proposals for property division, child custody, and alimony. Uncontested proceedings can go ahead without being brought before a court and are usually resolved much faster.
If, however, your spouse wishes to dispute the divorce or any matters contained within the proposal, the matter will need to proceed as contested and is highly likely to end up before the courts. These take longer and tend to be the messier divorces. In many cases, it can prove more beneficial to have the conversation with your spouse first, if possible, and come to an agreement together when filing in order to avoid contested hearings.
4. Decide on legal representation
Generally if the divorce is uncontested, legal representation is not necessary. For contested hearings, however, it’s strongly recommended that you seek legal assistance. Whether you do so will of course depend on your individual circumstances and financial situation.
5. Seek agreement on major issues and finalize
Whether contested and before the courts or uncontested, ultimately both parties will need to come to an agreement on the major issues of property, custody, and alimony. It’s crucial that you come to such discussions with an idea of fairness and realistic expectations in mind. The court will make the final decision in contested hearings, but once this has occurred and both spouses agree, the issues of divorce can be finalized. Rest assured, your lawyer will cover the most important things to know before you file for divorce.