Divorce Guide

Divorce Guide

Virginia divorce court

Virginia divorce court allows the parties to file for divorce and discuss the issues related to family law. There is a circuit court in each city and court of Virginia. It handles all the divorce and civil cases and shares the authority with general district court to hear the family issues. The process of divorce starts when petition is filed and ends when court signs the divorce decree.

There are certain rules and laws which the country must follow so that Virginia divorce court will accept your case. To file for divorce either you or your spouse must be the resident of Virginia for at least six months before filing the petition. If issues of children are not included, you must be separated for at least six months and have a property settlement agreement before filing. If children are involved in the divorce matter, you must be separated for least one month before filing the divorce.

Virginia undertakes both fault and no fault divorce grounds. The no fault grounds includes living apart for more than one year. There may be different grounds that are applied to no fault divorce in different parts of county, and no fault ground includes.

  • Cruelty
  • Adultery
  • Imprisonment
  • Desertion for at least one year

The court deals with the issues related to family law that includes alimony, child custody, child support, property division and debt payment. Court makes the decision on these issues on trial basis. If issues of children are not involved, the court grants uncontested divorce. Virginia is known as equitable property state. All assets and financial property will be divided according to how court finds it fair for the divorcing parties. Each party is allowed to retain any property they own including: property before marriage, property got in trade for and gifts acquired during marriage.

You can file for divorce in Virginia divorce court on your own or with the help of the lawyers. If you decide to file for divorce on your own; you can refer many online websites that provides the filing information free of cost along with the necessary divorce papers and forms.

Process of filing for divorce in Virginia divorce court

  • A lawyer can give you proper advice and assist you well in your case. Hence, it is advisable to appoint a lawyer for solving your divorce case
  • Once you fulfill all the residential requirements and grounds for the divorce, you can file for the petition, which is an important document for filing. Along with the petition documents like VS-4 state statistical form, divorce case coversheet, civil fees, filing fee, service fee and resume maiden fee is also required.
  • Make the copies of petition and file one with the court. Serve another copy of petition with your spouse. Spouse should respond you within 21days after getting the petition.
  • If there is no dispute on the family law issues or any other matters, a decree is drafter and then filed with judge
  • The judge checks all the details and documents required for getting the divorce. Once the review is made, judge signs the decree and the spouses are divorced.

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