Divorce is unpleasant and a topic most people prefer not to talk about. If you need a divorce, chances are you are feeling very unsettled. Divorce is primarily a process dictated by law that can feel far more difficult when a person is already emotional. Understanding the steps involved in a divorce can help make the process of planning for a divorce less upsetting.
Know Which Type Of Divorce You Need
There are two types of divorce in Virginia: divorce from the bond of matrimony and divorce from bed and board. Divorce from the bond of matrimony is usually considered a standard divorce that releases both parties from their marital vows. Divorce from bed and board is often used as a shortcut to matrimonial divorce whereby the parties are still legally married but start the process of dividing assets and negotiating the terms of a divorce as one would do if they were actually undergoing a matrimonial divorce.
Within these two types of divorce are four subcategories that are also important to understand to decide which applies to the situation at hand:
- Contested, no-fault divorce
- Uncontested, no-fault divorce
- Contested, fault-based divorce
- Uncontested, fault-based divorce
An uncontested divorce is when both parties agree to the divorce proceedings; contested occurs when one party does not. Fault in a divorce depends on whether one party committed what is deemed a fault under Virginia law, such as:
- Adultery
- Felony
- Conviction
- Abuse / cruelty
- Abandonment
Confirm Your Eligibility
In Virginia, the person filing for divorce must be a Virginia resident who has lived in the state for at least six months prior to commencing divorce proceedings. The filing party must provide proof of residency to the court. Acceptable forms of documentation can be copies of mortgage payments, rental records, a driver’s licence, or other evidence of Virginia residency.
In addition, a valid marriage certificate proving that the marriage exists and is legitimate is required. The court cannot make any rulings on a marriage without proof that it is genuine and valid under the law. You can, however, still seek a divorce in Virginia if the marriage was performed in another state.
Step-by-step Paperwork
To file for divorce, the relevant paperwork needs to be completed and submitted to the court. The document that starts the process is called a Bill of Complaint. This form requires information on both parties. It includes residential information, details about the marriage and any children involved, confirmation that both parties are of legal age and sound mind, and other important information. The Bill of Complaint is submitted to the local Circuit Court.
The VS-4 Form is the second piece of paper needed to get the divorce process going. It asks for similar information as was provided on the Bill of Complaint and is submitted to the court clerk. This can be submitted any time between the lodging the initial Bill of Complaint and the hearing date.
However, the case cannot formally proceed until both pieces of documentation are completed in full and filed with the court. Once this happens, a case number is issued that is used on all court documents pertaining to that divorce.
Choose A Hearing Method And Advise Your Spouse
A divorce can be heard in one of two ways: before a judge or commissioner, or by deposition or affidavit. The latter is usually the faster option, especially if it is difficult for one or both parties to attend a formal hearing. While having the matter heard before a judge or commissioner requires both parties to attend (unless one waives their right to attend), using a deposition or affidavit to resolve a divorce only requires submitting relevant paperwork to the court.
Advising your spouse must be done formally by servicing legal documents. This can be done directly by one of the parties, or with the assistance of the Sheriff’s office or another third party.
It’s Not As Complicated As You Think
A divorce might feel complicated, but it helps considerably when you understand how best to start a divorce and what steps you need to follow. Finding a divorce lawyer you trust can also go a long way to making the process as smooth as possible.