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What to Expect in a Virginia Divorce Court (Part A)

While divorce can be a heart-wrenching process, it is unfortunately not uncommon. It is estimated that 40-50% of first marriages will end in divorce, and the statistics are slightly higher for second and third marriages. If you are facing the possibility of divorce, it may give you some peace of mind to know what to expect in a Virginia divorce court.

Understanding The Virginia Divorce Process

The first step in the Virginia divorce process is to establish grounds for the divorce. The grounds, or reason, for the divorce determine how long you must wait before filing a divorce petition.

Listed below are common grounds for a Virginia divorce:

Adultery
Felony conviction
Desertion
Cruelty
Voluntary separation (No-Fault)

Adultery is the only grounds for divorce of which no waiting period is necessary. In the case of a felony conviction, desertion, or cruelty, there may be up to a one-year waiting period for Virginia divorce court.

During voluntary separation, the couple must live separately, without cohabitating, for one year before getting divorced; however, if the couple is childless, the waiting period may be reduced to six months. It is important to speak with an experienced Virginia divorce lawyer to learn more about the waiting periods for divorce.

What Happens After the Waiting Period for a Virginia Divorce?

After the waiting period, either you or your spouse will file a complaint with the Virginia divorce court. The person who initiates the divorce proceeding is referred to as the plaintiff, while the person who receives the divorce papers is known as the defendant.

After the divorce complaint is filed by the plaintiff, the defendant has 21 days to respond. Even if the defendant does not respond to the Virginia divorce court papers, the plaintiff (and a witness) must attend a hearing before a Commissioner in Chancery, who will then file a report with the court.

After the Commissioner's report is filed, the plaintiff and his or her Virginia divorce attorney will then mail the final decree to the Circuit Court so it can be signed by the judge. This decree lists all of the rulings made by the court regarding division of property, child custody, child support, etc. After the judge has signed the decree, the divorce is final.

If you are considering filing for a Virginia divorce, it would be in your best interest to consult with an experienced divorce attorney who understands women's issues in Virginia. It is important that the Virginia divorce lawyer you choose has handled cases similar to yours and that they understand what to expect in a Virginia divorce court.

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