Divorce Laws in Virginia

Divorces and any type of alimony matters are of state law. During divorce cases, many issues are addressed. Issues of property division, child support or custody, alimony payments and other pertinent matters are brought up. The presiding judge will determine the appropriate measures to be taken considering each individual case separately. With the assistance of a lawyer, a Separation Agreement can be drawn up. A Separation Agreement is when the parties are in agreement with each other on how to divide their assets.

In the state of Virginia, there are several grounds for divorce in its statutes. These include: adultery, conviction of a felony and sentence to prison, cruelty as in regards to repeated physical abuse, desertion at least one year ago, “living apart”, the no fault ground, which in turns means living away from each other continuously and permanently for one year. These grounds for divorce are recognized as valid reasons for a divorce, and unless one of these statutes are meant, the divorce will not be granted. At least once during the hearing or deposition, at least one spouse and at least one witness must testify. If the divorce is uncontested, it is still necessary for there to be a deposition with witnesses. Depending on which city you live in Virginia, will depend on how long the divorce process will take.

There are five fundamental steps that take place during the divorce process. The first step is for the “Bill of Complaint for Divorce” to be filed by one of the spouses. This begins the Complainant and the Defendant stage process. When the defendant is served the papers he/she must give their answer as an Acceptance of Service. After the Defendants answer is filed, the complainants lawyer files to have the case referred to a commissioner in chancery for a hearing on the grounds of divorce.

If there are any disagreements on matters of custody, property division or other matters, the issues must be heard by a trial judge in open court. The spouses’ lawyers compose a draft divorce decree and put it before the judge. However, if there is no dispute, a divorce decree can be written and this can speed up the divorce process. When the final decree is signed by the judge, the spouses divorce is complete. The entire divorce process may take a while, and each step may have different lengths of time. Keep in mind too that divorces cost money. You must take into consideration attorney fees and court costs.