(757) 552-6055The decision to get a divorce is often difficult and may require both soul searching as well as a close look at your finances and options. However, once you have reached that point, you probably want the process to start as soon as possible.
To start a divorce in Virginia, you will need to take some first steps. This includes determining whether you are eligible to file for divorce in Virginia and deciding on the type of divorce that you want. You will also need to prepare divorce paperwork, file it with the local court, and serve it on your soon-to-be-ex.
At Poole, Brooke, Plumlee, we have substantial experience guiding clients through the sometimes complicated process of getting a divorce in Virginia. We work collaboratively with our clients to help them determine the best way to move forward based on their situations and Virginia law. To learn more, reach out to our law firm to talk to a Virginia Beach family law attorney.
Step One: Can I File for Divorce in Virginia?
The first step in any Virginia divorce is determining whether you are eligible to do so. Like most states, Virginia has a residency requirement to file for divorce. Generally, either you or your spouse must live in Virginia at the time the divorce is filed and for the 6 months prior to the filing.
If you or your spouse is in the military, you can file for divorce if one of you is stationed in Virginia for at least 6 months before filing. Even if you are stationed overseas, you can file for divorce in Virginia if you lived in Virginia for at least 6 months beforehand, and either you or your spouse is a member of the Armed Forces or a civilian employee of the United States government.
Step Two: What Kind of Divorce Do I Want?
In Virginia, you can seek either a no-fault or a fault divorce. A no-fault divorce is exactly what it sounds like – neither spouse is to blame, but the marriage has broken down in some way. With a fault divorce, you are making a specific claim that your spouse did something wrong, such as cruelty, desertion, abandonment, or adultery.
The type of divorce that you are seeking will impact the legal process. For a no-fault divorce, you can get a divorce if:
- You and your spouse live separate and apart without cohabitation for at least 1 year (i.e., you did not live as a married couple); OR
- You and your spouse do not share any children, have a separation agreement, and live separate and apart without cohabitation for at least 6 months.
In other words, you will have to be separated from your spouse for a minimum of 6 months to get a no-fault divorce in Virginia. This can often be complicated if your finances don’t allow you to live in different houses. A Virginia Beach divorce attorney can help you understand your options in this situation.
It is still possible to be considered separated even if you are living in the same home. Generally, if you don’t share a bedroom, are not having sex, and don’t do other “couple” things (like vacationing together or sharing a bank account), then you could still be separated. In essence, you will need to live as though your spouse is your roommate to ensure that it is counted as a separation.
Step Three: Prepare Divorce Paperwork
The next step in the process involves preparing divorce paperwork. Virginia does not provide official forms that you can simply fill out to prep your papers. A divorce attorney can help you draft the appropriate documents, including the right forms to accompany the paperwork.
You will need a divorce complaint, which is a document that explains why you are seeking a divorce and what you are requesting. If you are seeking an uncontested divorce, then you will also need to include a settlement agreement and a proposed final divorce decree. Because this paperwork will affect your legal rights, it is also a good idea to schedule a consultation with a Virginia Beach divorce lawyer to talk about your options.
Step Four: File and Serve the Divorce Complaint
Once your paperwork has been prepared, it will need to be filed in a Virginia circuit court. Typically, you will file the complaint in the city and county where you and your spouse last lived together or where your spouse currently lives. The complaint will be filed with the court clerk, along with a filing fee.
Once the complaint has been filed, you will have to serve it on your soon-to-be-ex. These papers are usually hand-delivered by a law enforcement officer or private individual authorized to serve process for a small fee. Your ex may also choose to waive service, which means that you won’t have to serve them with the divorce papers.
Step Five: Go through the Court Process
The next steps in a Virginia divorce depend on the type of divorce that you have filed and whether there are any outstanding issues in the case (such as child custody or property division). In some cases, you may be able to finalize the divorce without ever attending court.
The divorce process can often be lengthy and stressful. If you want to protect your interests in a Virginia divorce, our law offices can help. Reach out to talk to a Virginia Beach divorce lawyer about what you can do to prepare for a divorce and what to expect when you file for divorce.
Contemplating Divorce? Call Poole Brooke Plumlee P.C.
If you are thinking about divorce, it is a good idea to learn more about the process and how to best set yourself up for success. Divorce in Virginia can be relatively easy or incredibly complex. A Virginia Beach divorce attorney will advocate for you throughout the process.
Poole Brooke Plumlee P.C. represents individuals and families in the greater Virginia Beach and Hampton Roads region on a range of family law matters. We know that divorce is often stressful, both financially and emotionally. Our goal is to help you achieve the best outcome based on your unique circumstances. To learn more or to schedule a consultation with a Virginia Beach family law attorney, give our law offices a call at 757-499-1841 or fill out our online contact form.
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