Recognizing you and your spouse have irreconcilable differences that may lead to divorce is a huge and challenging step in your life’s journey.
The act of filing for divorce is fairly straightforward in Virginia. Of course, every divorce is different, so the following steps may or may not fit you and your situation. If you’re looking into how to file for divorce in Virginia, this guide will outline the steps you need to take to receive the divorce you seek.
If you have any questions, give our Manassas divorce attorneys a call, and we’d be more than happy to help. We can be reached at (703) 744-7343.
Step 1: Meet Residency Requirements
In Virginia, at least one spouse must have lived in the state for six months to receive a divorce.
Step 2: Determine the Grounds For Divorce
The grounds for divorce (or the circumstances leading to divorce) are divided into two categories: fault and no-fault.
Virginia, like many states, recognizes a fault divorce. However, it is more challenging to receive one. A fault divorce requires one spouse to prove that the other spouse is responsible for the breakdown of the marriage due to reasons such as adultery, cruelty, abandonment, or other misconduct.
In contrast, a no-fault divorce does not require either spouse to prove the other’s wrongdoing. Instead, the couple can simply state that the marriage has broken down or cite irreconcilable differences. No-fault divorces tend to be simpler and faster in Virginia, like in other states.
Step 3: File a Complaint for Divorce
In Virginia, individuals seeking a divorce from their spouse must determine the correct circuit court to file the Complaint for Divorce.
After this is determined, your future ex-spouse must be served the form. Being “legally served” means that an individual has been formally notified of a legal action or proceeding involving them. The process of being served can be performed by the sheriff but can also be someone you hire to perform the task. Additionally, your future ex-spouse can have papers given to someone they live with, as long as a copy of the papers is mailed to their address.
Step 4: Go to Trial or Settlement Hearings
This next step largely depends on whether your spouse tries to contest the divorce. The served spouse will file an answer in response to the Complaint for Divorce.
- Uncontested: the served spouse can respond by filing an answer that can agree to the terms and facts outlined in the document. This will likely lead to a hearing versus a full trial. If you need help with an uncontested divorce, our Manassas uncontested divorce attorneys can provide legal guidance and support.
- Contested: The served spouse can refute the terms in their answer, which will trigger a full trial. Both spouses present their evidence and arguments before a judge. At any point, a spouse in a contested divorce can acquiesce or work on a settlement with their current partner to avoid trial difficulties. Less than 10% of all divorce cases go to trial.
Regardless, a judge will issue a ruling on the divorce and decide on the contested issues, such as grounds for divorce, property division, child custody, and child support
Again, if you need help with your Manassas divorce case, call us at (703) 755-7343.