A General Outline for Divorce Process In Virginia


Posted June 6, 2019 by JohnDGoodwin

Once you have a reason, you must first file a complaint with family court division of the local circuit court.

 
The divorce process in Virginia can be either simple or complicated depending on the circumstances. There are certain things required to be able to file for this. Adultery, sodomy, verbal or physical abuse, and abandonment are among some of the reasons they allow you to file, though you must do it within one year of the incident. You may also file for a no-fault in cases where you have not been living together for one year.

Once you have a reason, you must first file a complaint with family court division of the local circuit court. On this form you must specify how you want to handle the division of property (you must also have documentation of the properties being held), alimony, as well as child support and custody. From there the courts take over and file for restraining orders on the other person to avoid confrontations while going through the process. The one being served the paperwork has up to thirty days to file paperwork either accepting or contesting the issue. In many cases they may accept the divorce, but contest the way things are handled. This will usually resort in mediation between the couple and the Fairfax divorce lawyers (https://www.kaleslaw.com/) to see if they can agree on a new set of terms. If not then a court date will be scheduled and the judge will decide. Coming to terms will also result in a court date where the judge can listen to the terms and then rule in favor or amend them as they see fit.

By not replying to this within thirty days the divorce process in Virginia will proceed with the court date where the judge rules and the other party is not allowed to contest anything because they did not do so within the allotted time frame.

The divorce process in Virginia tries to allow for a fair split of everything, though some of the circumstances for the divorce will be taken into consideration as well. Alimony and child support are decided on a case-by-case aspect of providing in the best interest of the people involved. Nothing is set in stone and everything is decided by negotiations between the spouses or court intervention failing that.

This is just a general outline of the divorce process in Virginia. There are more details that you will need to know, but much of the information can be had by the divorce lawyers in Northern Virginia and even online within their state laws.
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Last Updated June 6, 2019