What Are the Steps in a Divorce in Virginia?

Filing a divorce in Virginia can be very complicated. It is best to hire an experienced divorce attorney to ensure that you qualify for a divorce and follow all the procedures required to obtain one. It can also be helpful to understand the general steps involved in a divorce so that you know what to expect.

What Steps Do You Need to Take When Filing for Divorce in Virginia?

The steps in a Virginia divorce are: meet the state’s six-month residency and separation requirements, file a Complaint for Divorce in Circuit Court, formally serve your spouse, exchange financial information and negotiate a settlement, and finalize the case when a judge signs the Final Decree of Divorce.

In order to file for a divorce in Virginia, you or your spouse must have lived in the state for six months before the divorce is filed. You would file your case in circuit court in the county where you and your spouse last lived or where your spouse currently lives. Here are the steps in a divorce:

• File a complaint. Your first step is to draft the complaint and supporting documents and file them in circuit court. Your paperwork must comply with proper legal formatting and information requirements. You are referred to as the plaintiff, and your spouse is the defendant in the divorce court case. Once your divorce papers are filed, the court clerk will issue a summons.
• Serve the defendant. Your next step is to have the defendant served with the summons and complaint. If he is willing to sign an acknowledging receipt of the items you could mail them to him with the form to sign. Another common way to serve a spouse is to pay a deputy sheriff to serve him personally. If you are having trouble serving your spouse, there are special procedures you may need to follow.
• Discovery. If your case is contested, there will be a period of discovery where you and your spouse will share financial and other information with each other—usually through your attorneys—and collect other evidence to prove your position in the divorce.
• Evidence is taken by deposition. If your divorce is not contested, you would not go through extensive discovery, and evidence would be taken by a deposition that is often done in an attorney’s office.
• Final Decree of Divorce. In a non-contested divorce, you and your spouse would agree to the terms of your divorce. The final Decree of Divorce would be prepared, signed by both parties, and filed with the court along with the deposition.
• Trial. In a contested divorce, there could be pre-trial hearings, hearings on motions filed by the attorneys, and settlement conferences with the judge prior to a trial being scheduled. If you could not come to an agreement with your spouse, your case would be decided at a trial.
• Final Decree of Divorce is signed. In an uncontested divorce, the judge would review the Final Decree of Divorce, and, if it is in the proper form, sign it. After a trial, a divorce judgment based on the judge’s decision would be prepared by the parties and signed by the judge.

Talk to a Virginia Divorce Attorney

If you are planning to file for divorce, call our office or fill out our online form to schedule a consultation. Our experienced family law attorneys can explain your legal options and how we can help you through this challenging time.

Frequently Asked Questions About Virginia Divorce

How Long Does a Divorce Take in Virginia?

It depends on the separation period and whether the case is contested. Virginia requires you to live separate and apart before a no-fault divorce can be granted: six months if you have no minor children and a signed separation agreement, or one year in all other cases. An uncontested divorce can often be finalized shortly after the separation period ends, while a contested case that goes to trial can take considerably longer.

What Is the Difference Between a Contested and Uncontested Divorce in Virginia?

In an uncontested divorce, you and your spouse agree on all terms, evidence is usually taken by deposition rather than full discovery, and the judge can sign the Final Decree once the paperwork is in proper form. In a contested divorce, you disagree on one or more issues, the case moves through discovery and possible pre-trial hearings, and a judge decides the unresolved issues at trial if you cannot reach a settlement.

What Are the Residency Requirements to File for Divorce in Virginia?

At least one spouse must have been a bona fide resident and domiciliary of Virginia for more than six months immediately before the divorce is filed. This requirement is set by Va. Code § 20-97 and cannot be waived.

Do I Have to Be Separated Before Filing for Divorce in Virginia?

For a no-fault divorce, yes. Under Va. Code § 20-91, you must live separate and apart without cohabitation and without interruption for six months if you have no minor children and a written separation agreement, or for one year if you have minor children or no signed agreement. Fault-based grounds follow different rules.

Can I Get Divorced in Virginia Without Going to Court?

Often, yes. In an uncontested no-fault divorce where all issues are resolved by agreement, evidence can be submitted by affidavit or deposition instead of live testimony, and the judge may enter the Final Decree without a hearing. Contested cases are more likely to require court appearances.