Divorce laws are complex and Virginia is not an exception. Involved couples need to fulfill certain eligibility needs before filing for divorce. There are many aspects related like asset and property split as well as child support & alimony that play a huge role. Divorce is emotionally straining but does not need to be financially horrid.
You may be a defendant or a plaintiff, the first step in making the divorce proceedings less stressful is to schedule an appointment with an experienced attorney. Denbigh Law Center has been offering quality legal services, since 1982. They can help you navigate through the divorce process with ease.
Eligibility to file a divorce in Virginia
Both must be a resident of Virginia and fulfill the following criteria.
- Both have been separated for a minimum of 6 months, have no kids under 18 and have written property/separation agreement.
- They are parents of minor kids and have been not living together for a minimum of 1 year.
Separation has to be continuous, which indicates the separation intent is permanent. If the above criteria are fulfilled, you need to follow the no-fault divorce process.
Fault-based divorce is complicated and will need to prove the reasons for divorce. If all requirements are not fulfilled then you can consult an attorney. Your legal rights can be discussed with a reliable divorce attorney in Poquoson and not the court clerks.
Divorce form requirement in Virginia
Forms needed to start divorce proceedings are –
- Compliant form
- VS-4 form
- Cover Sheet to file civil actions
The forms need to be signed before the Notary Public. Never sign notarization in the absence of Notary Public personnel.
Make two copies of every form after notarization. Court keeps one and the other one is for your records. You will also need one Xerox for your spouse.
File the papers
File divorce papers in the court and pay the filing fees. If you cannot pay filing fees then file a petition for divorce proceeding without fees. If your petition gets approved then you will not need to pay associated case fees.
Serving your spouse
The divorce paper copies need to be delivered to your wife. It can either be –
- Acceptance of service
- Personal or hand delivery by 3rd party over 18 years
‘Service of Process’ has to be proper. If your spouse is not located or is in jail or military request the court to serve via publication in a local newspaper.
Final divorce hearing
After serving your spouse file an Ore Tenus or oral hearing request form. On hearing date bring every relevant document to the court along with a corroborating witness. If legal needs are fulfilled, your divorce will be granted and the final divorce decree will be signed.