What Is The Process of Getting a Divorce in Virginia?
JLo and Ben Affleck. We all know those on-again, off-again couples. You might be surprised to hear that I have divorced people who have married their spouse, gotten divorced, married them again…and divorced again. I do feel for Jennifer and Ben, it’s so hard trying to live a life where every moment is scrutinized and commented on. Marriages are so hard anyway. No one's life is a failure because their relationship didn’t work out the way they hoped. Getting a divorce is not easy, but sometimes it’s just the next step in life. All these headlines had me thinking about the process of getting a divorce in Virginia; here’s what you need to know.
Five Steps to Getting a Divorce in Virginia:
You or your spouse have to be a resident of Virginia and have had that residency for over six months before filing for divorce in Virginia. If you or your spouse are on orders by the United States Government to be stationed in Virginia or the D.C. area and are living in Virginia for those orders that counts as residency. Or if your residency before you left the United States for a tour of duty was Virginia, you are still considered a resident.
You must be separated before you can file for divorce. If you have kids or don’t yet have an agreement worked out, you will need to be separated for a year. That means having told them and others when asked that you are separated, acting like separated persons, and not having “marital cohabitation.” You know what I am saying here…nudge, nudge, wink, wink.
You will need to file paperwork for a divorce that typically includes: a complaint for divorce with basic grounds for divorce, a coversheet and a filing fee. The other party will need to sign an acceptance of service and waiver of answer, OR you will need to get them served and they will file an answer, or not file an answer in a timely manner which permits you to proceed.
If you have an agreement as to your property, kids’ stuff (if you have them), and any issues of support, you will need to submit that agreement to the court. If you have a disagreement on any of these things, you will need to docket your case for a judge to decide the unresolved issues. If you have absolutely no marital property, you can ask the court for a divorce without a division of property.
To finalize a divorce you will need an affidavit from one of the parties as to the grounds of divorce, a final order of divorce with the required notices, and a VS-4 form which is a statistical form for the court, a notice for entry of the final order. You may also need retirement orders to divide retirement accounts.
Those are the five steps to get divorced in Virginia. If you have questions or need help completing the paperwork for a divorce in Virginia, Family First Law is happy to consult with you and assist you with the process.
