This article is a part of our Family Law 101 series.
What’s the Process for Divorce in Virginia?
Divorce in Virginia can take as little as eight months or can drag out for years if the proper steps to divorce are not followed. Virginia divorce is not linear; your choices through the process can lead to different paths. This brief explanation should serve as an introduction to the divorce process. Your experienced family law attorney can provide you with a far more detailed view.
Jump to a Section
- Virginia Divorce Laws
- Steps to Divorce in Virginia
- Virginia Divorce Court
- Virginia Divorce by Affidavit and Deposition
- Virginia Divorce Timeline
Virginia Divorce Laws
The most important sections of the Code of Virginia addressing the divorce process are found within Title 20, Chapter 6, Divorce, Affirmation and Annulment:
- 20-91. Grounds for divorce from bond of matrimony; contents of decree
- 20-99. How such suits instituted and conducted; costs
- 20-99.1:1. How defendant may accept service; waive service
- 20-99.2. Service in divorce and annulment cases
- 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.
- 20-107.1. Court may decree as to maintenance and support of spouses
- 20-107.2. Court may decree as to custody and support of children
- 20-107.3. Court may decree as to property and debts of the parties
- 20-108.1. Determination of child or spousal support
- 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement
- 20-109.1. Affirmation, ratification and incorporation by reference in decree of agreement between parties
Every case is unique, so your lawyer may need to draw on other statutes or case law to best represent your interests in a separation and divorce.
Steps to Divorce in Virginia
You can reach the goal of a divorce in Virginia through many paths. Instead of thinking of it as a single process, consider it a decision tree, with branching alternate routes leading to the same ending. In Virginia, you can divorce:
- By turning your case over to a Circuit Court judge and having a hearing or hearings
- By affidavit and depositions signed into a court record without a hearing
- With the careful, wise counsel of a family law attorney
- By representing yourself through Virginia’s court system
- With the two parties contesting, or objecting to, details of the divorce
- With the two parties agreeing on the details of the divorce
- Without accusing each other of a grievous fault
- By accusing each other of a morally questionable fault
This is by no means a complete list. A competent family law attorney can surely think of other permutations leading to divorce in the Commonwealth.
Some steps are common to all divorces:
- At least one of you must reside in Virginia for at least six months before filing for divorce
- An attorney representing either you or your spouse — or, in the case of a pro se divorce, you — files a complaint with the Circuit Court having jurisdiction over your case; the spouse filing the motion is the plaintiff and the other spouse is the defendant
- A process server or a sheriff’s deputy serves divorce papers to the defendant
- Either discovery is made (contested divorce) or depositions and affidavits are recorded (uncontested divorce)
- A Final Order or divorce decree is signed by the Circuit Court judge
A few other steps may pop up depending on the complexity of your separation and divorce; talk with your family law attorney to get specifics for your situation. We will unpack the most common eight paths to divorce briefly, one at a time.
Virginia Divorce Court
Many divorce cases are heard in a Virginia Circuit Court, where a judge presides and rules on civil matters such as divorce. Separation is not a legal matter in the Commonwealth, but divorce must be preceded by six or 12 months of separation. A divorcing couple can turn their lawsuit over to a judge, leaving the judge to determine the best outcomes for the five fundamental areas:
- Equitable property distribution (property settlement)
- Spousal support
- Child custody, if the marriage produced children
- Child support
- Parenting time schedules
Ceding power of decision-making to a judge is a path for couples who cannot agree on anything, as with contested divorces or divorces based on fault grounds. The result will be a Final Order or divorce decree.
Virginia Divorce by Affidavit and Deposition
If a couple agrees on all the major points of a divorce, the two parties can use affidavits and depositions to produce documents for a judge to sign off upon, without the need for a hearing. This is an uncontested or agreed divorce. It is one of the fastest, least expensive methods of divorcing. Instead of hearing testimony and viewing evidence, a Circuit Court judge inspects the paperwork submitted by the two attorneys and signs to attest the legality of it all. The divorce is duly recorded by the Court Clerk.
Hiring a Divorce Attorney
For most Virginia men, the help of a family law attorney for separation and divorce is vital. An attorney protects the client’s rights, financial interests, and future happiness. Attorneys can anticipate problems, file timely motions, advise their clients on ethical, productive strategies, and prevent wastes of time, money, and effort.
Pro Se Divorce in Virginia
Some Virginia men can use the court system for a pro se divorce, or a divorce in which you represent yourself. The paperwork can be confusing, though at least one Virginia county has tried to make the steps easier to understand.
For Fairfax County (you would have to check with your own county’s Circuit Court for the right forms and fees), the following documents and fees are required to be paid and filed correctly and in a timely manner in a pro se divorce:
- The Divorce Complaint
- VS-4 State Statistical Form
- Domestic Case Cover sheet
- Civil Fees, filing fees, and a service fee
While this is a possible path to divorce, most attorneys do not recommend self-representation, because typical Virginia men do not know the law and cannot adequately protect themselves from devastating and costly mistakes.
Contested Divorce in Virginia
A divorcing couple must go before a Circuit Court judge for two reasons:
- If the two sides cannot agree on the five vital areas of divorce, or
- If one side is accusing the other of a fault under 20-91
These are both contested divorces and can be the longest-lasting, costliest way to get to a final divorce decree.
Uncontested Divorce in Virginia
When both spouses agree on the details of their separation and divorce, they can pursue an uncontested divorce. Both attorneys will craft all the documents and, generally, file for a divorce by affidavit and deposition in accordance with § 20-109.1.
Uncontested divorce generally goes hand-in-hand with no-fault divorce, but rarely a spouse could accept the claims of a fault-ground divorce without contesting the details.
No-Fault Divorce in Virginia
When a marriage fizzles out, limps along, and leads to a stagnant indifference between spouses, neither party can fault the other for anything truly outrageous. A no-fault divorce follows a similar path to an uncontested divorce. Both of you are merely running down the clock between separation and final divorce decree.
Fault Grounds Divorce in Virginia
If one of you in the marriage accuses the other of one of these morally reprehensible actions, you can file for a fault-ground divorce:
- Adultery
- Willful desertion
- Abandonment
- Criminal conviction with a sentence of one year or longer
- Cruelty
All of these are morally reprehensible charges that can do lasting damage to a person’s reputation. Adultery can be hard to prove. An attorney will advise any client to think long and hard before bringing such charges against a spouse. The divorce decree itself is momentary, but the relationship after divorce is a lifetime.
Virginia Divorce Timeline
Virginia divorces are not instantaneous. Typical waiting periods from the date of separation to filing for divorce are:
- Six months if no children resulted from the marriage
- 12 months if children are involved
Once a suit for divorce is filed, your case could take just six to eight weeks or stretch out for many months, depending on its complexity.
Divorce, as we said, in Virginia is not a linear process. Your particular path from separation to final divorce could take you through very unfamiliar procedures. Your safest way through the legal jungle is with The Firm For Men to guide you. Call our offices at (757) 383-9184 or contact us online today.