Unfortunately, not all married couples get to experience a happy-ever-after, and such is life. Dissolving a marriage is never easy, even if the relationship is no longer desirable to both parties.
If you’re contemplating a divorce, it’s understandable to feel overwhelmed and intimidated by the process. Because the reality is very different from what you might have gathered from movies; most people have no idea what the process entails.
It’s therefore normal to have numerous questions like: What happens after divorce papers are filed? What are the laws regarding remarriage after divorce in Virginia? And so on.
Well, the route your divorce proceedings take depends on whether it’s contested or uncontested. In an uncontested divorce, both parties agree on the grounds for separation and how to divide everything. An uncontested divorce tends to wrap up quickly.
Contested divorces are when you aren’t in agreement. These tend to drag on longer, often requiring a judge to arbitrate.
Uncontested Divorce
As mentioned, an uncontested divorce is less tedious and expensive than a contested one. Basically, you and your partner are on the same page as to whether the divorce will be contested or not. To show your agreement, both parties must draft and sign a joint separation agreement.
This agreement outlines how you’ll divide your assets, tackle child support, custody, and visitation. You and your spouse should have been living separately to qualify for an uncontested divorce.
The separation should have been for six months if there are no minor children or twelve months if children are involved. The courts won’t take your word for it, so a witness will be required to prove the separation.
If you’re responsible for moving the case forward in the uncontested divorce, your attorney drafts the documents required to finalize the matter. Such documents include the complaint, Final Decree of Divorce, and name change order.
Your attorney files everything with the court until the Final Decree of Divorce is entered. In Virginia, you have two options to finalize an uncontested divorce. You can either go for a hearing or sign an affidavit. With the latter, you don’t need to step into a courtroom, saving you time and money.
If you are wondering how soon you can start contemplating remarrying after divorce in Virginia, you’ll need to wait at least 30 days after the judge signs the Final Decree of Divorce.
Contested Divorce
When you decide to part ways with your partner, there are terms you need to discuss, such as how you’ll handle property division, spousal support, child custody, child support, and visitation. The moment you and your soon-to-be-ex hit a brick wall on even one of these issues, your divorce is classified as contested.
After you file divorce papers, your spouse is served. If your partner is within the state, the sheriff’s department in Virginia will serve your partner with the papers. If your partner is residing outside the state, the sheriff’s department where your spouse is living will handle the task. Following this, your partner has 21 days to respond.
One party files for a pendente lite hearing to discuss the terms of your dissolution. This step arranges temporary relief while the proceedings are underway. Here, the court issues orders regarding such things as spousal support and child custody.
Next, you start the discovery process, which is more like a fact-finding process to gather evidence to prepare for trial. Then, your divorce trial begins, which normally lasts one or two days.
Needless to say, having a competent lawyer on your side will be to your advantage. During the trial, the court questions witnesses, parties present exhibits and evidence to support their case. Based on the findings, the judge makes a ruling within weeks or months of the trial regarding how property is split, among other issues.
Conclusion
To summarize, what happens after you file for a divorce depends on whether it’s contested or uncontested.
A contested divorce means both parties to the marriage aren’t in agreement regarding how to handle issues such as child custody or division of property. After you file for divorce, your partner is notified and has to respond within 21 days. You attend a hearing, begin the discovery process, go to trial, and the judge passes a ruling.
If it’s an uncontested divorce, you agree on the terms and finalize the divorce by attending a court hearing or simply signing an affidavit. If you have questions about your upcoming divorce or issues with filing out your divorce papers, reach out to us today.