What court handles divorce in Virginia? The answer to this question is simply the circuit court. There are circuit courts in each of Virginia’s cities and counties, and they have a wide range of powers, handling all civil cases involving claims of over $25,000. They share the authority to hear cases with claims of between $4,500 and $25,000 with the general district court. The circuit court also hears felonies.
Divorce is one of several family matters heard by the civil court. It also hears cases that have been appealed from the general district court as well as the juvenile and domestic relations district court.
Divorce court personnel play a crucial role in facilitating the administrative aspects of divorce proceedings, but it’s important to note that they are restricted from providing legal advice or assistance. While they can offer guidance on procedural matters and document submission, they cannot offer personalized legal counsel.
Therefore, individuals navigating divorce proceedings should be aware that relying solely on court personnel for legal advice may not be sufficient. Instead, seeking guidance from a qualified divorce attorney is recommended to ensure that their rights are protected and that they fully understand the legal implications of their actions. A divorce attorney can provide tailored advice and representation, advocating for their client’s best interests throughout the divorce process and helping them navigate any complexities that may arise.
Regulations around divorce in Virginia
Either you or your spouse needs to have lived in Virginia for at least six months before you can file for divorce, and you must have been separated for at least six months if you don’t have children together. You also need to have agreed to a written property settlement agreement before you can go ahead. You can’t file for divorce for at least a year if you have children together.
Can I get legal advice from someone who works for the court?
You can’t get legal advice or assistance from court personnel as they are not permitted to provide you with it. Should you decide to represent yourself, you’ll need to follow the same procedures as an attorney. If you don’t have sufficient legal expertise to represent yourself effectively, the best move is to hire a divorce attorney.
Key documents
When the Divorce Complaint is filed, you’ll also need to file a range of documents. These include the VS-4 State Statistical Form, the Domestic Case Coversheet, and any civil fees. These fees are payable to the Clerk of the Circuit Court. You can pay via cash, money order, or a cashier’s check. You’ll also need to pay a filing fee if you’re the individual filing the Divorce Complaint.
Serving the defendant
You can serve the Defendant via the Office of the Sheriff if they reside in Virginia. You’ll need to make arrangements to serve the documents if they are based elsewhere, and you can have the documents sent out to you if the Defendant accepts service of the documents. The Defendant can also visit the Circuit Court Civil Intake Division to sign the paperwork and accept service. Each divorce case is placed in the Domestic Track of the Case Status Team. Once the divorce has been finalized, you can source a copy of the Final Decree of Divorce either in person or through the post.
Common reasons for divorce
People in Virginia get divorced for many reasons. Some of the most commonly cited reasons for ending marriages include infidelity, inequality within the marriage, unrealistic expectations, frequent or constant arguing, substance abuse, domestic abuse, and lack of commitment. A considerable number of married couples split because at least one spouse is no longer in love or invested in the marriage. Although the vast majority of Americans claim they would end their marriage if they found out that their partner cheated on them, studies suggest that over 50% of couples survive infidelity.
Who is more likely to get divorced?
Couples said to be at a higher risk of divorce include those that married young, those with no religious beliefs, couples with at least one partner from a divorced family, and limited income. Low educational standards are also linked to divorce as is premarital pregnancy. It’s said that people who experienced divorce as children are twice as likely to divorce themselves. If both spouses have experienced divorce in the past, they are three times more likely to get divorced again. However, going through a divorce doesn’t necessarily mean your marriage will not last.