We know that divorce is usually the last option for many couples, so finding common ground here isn’t always the easiest task. While an uncontested divorce is the most preferred route, it’s not always possible. Still, there’s a handful of important guidelines you can follow to ease the stress of this big life event.
Grounds for Divorce
The first thing to know about divorce in the state of Virginia is that you must have grounds for your divorce. The grounds are often based on fault: when one spouse commits adultery, cruelty, or desertion, for example. Sometimes there may be no fault involved, as when both spouses live apart for six months (with no children) or a year (with children).It’s important to note that no matter how the grounds are based, one requirement for divorce in Virginia is separate sleeping arrangements and a lack of physical relations. This does not necessarily mean separate households, but it’s harder to prove separation to a court if both you and your spouse are living under the same roof. Also, resumption of physical relations destroys your grounds for divorce. You’ll want to keep this in mind when proceeding.
Starting the Process
Divorce in Virginia begins when one spouse files a Bill of Complaint for Divorce with the circuit court. To contest the divorce, you must file a written answer to the Bill of Complaint for Divorce in the same court that the action was filed. This answer will give you the opportunity to contest each claim made by your spouse in the original Complaint. You may contest the entire grounds for divorce, the support sought by your spouse, custody of minor children, and property division. Additionally, you can contest specific facts listed in the Complaint, such as the length of time you’ve been separated. Of course, if you filed the Bill of Complaint for Divorce and are looking at a contested divorce, it will be your spouse who follows through with the steps above.
Pretrial Process
At this point, you’ll become familiar with your local divorce commissioner. The state of Virginia requires that parties to contested divorces present their case to a commissioner before a judge will be appointed, but beware: this process is not automatic. To get the ball rolling, both parties are required to file a request in the circuit court, where it will be transferred to a commissioner. This person hears testimony and evidence from both spouses before making a written determination regarding all the facts in the dispute. You should really note here that once your case has been referred to the divorce commissioner, it will remain there, even if you end up going through with an uncontested divorce. It’s kind of a point-of-no-return. Next, the commissioner’s written determination will include specifics like how property is to be valued and whether the parties have met separation period requirements for Virginia. The determination will be forwarded to the trial judge for reference. To set your trial date, you’ll need to file a request with the court, indicating to the judge that you’re ready to proceed with the case. At this point, the court will provide you and your spouse with a time and date to meet with the judge, in order to schedule a trial date based on the availability of everyone involved. Let your calendar be as flexible as possible here, to keep things moving. Also, please note that if the issues listed in the case are likely to take a lot of trial time, the court will require both parties to attend a pretrial settlement conference. If children and attendant issues of support and custody are contested, both parties must also attend a parent education seminar.
Finally the Trial
So you’ve made it through the gauntlet so far; only the trial itself remains. At trial, you and your spouse will each have the opportunity to present evidence and witness testimony supporting the relief you seek. The judge will hear both sides before making a determination on the important issues: property division, support and custody of children, and any other pertinent points. Then, the judge issues a divorce decree at this time. At this point, the divorce will be complete. Note that if the issues to be resolved are especially complex, the judge may need time to consider and will issue a decision at a later date, by letter opinion of the court. This is further incentive to tidy up any disagreements you have before beginning the process, if possible. Dealing with a contested divorce is tough, but the process can be made less painful with a little effort.
If you have any other questions about the divorce process, contact our office today!
Higginbottom Law PC
11815 Fountain Way, Suite 300
Newport News, Virginia 23606
Phone/Fax : (757) 320-2141
Higginbottom Law PC
11815 Fountain Way, Suite 300
Newport News, Virginia 23606
Phone/Fax : (757) 320-2141
We serve clients in all Cities and Counties throughout Virginia.
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