Divorce Filing Process

Divorce Filing Process in Virginia

The divorce process in Virginia involves multiple steps. 

To initiate a divorce, one must meet certain jurisdictional requirements. This means that at least one party must have been a resident and domiciliary of Virginia for six months before filing for divorce in Virginia.  If this requirement is not met, you cannot file for divorce in Virginia. Additionally, there are other requirements that must be met in order for the court to have jurisdiction over matters such as property/debt division, determining custody and visitation, and establishing support (spousal or child). Once these requirements are met, the divorce can be filed in a Circuit Court in Virginia.  The venue for the divorce is preferred in the city or county where the parties last cohabited as a married couple or where the defendant resides at the time of filing.

Grounds For Divorce

In order to file for divorce, one must have grounds for divorce.  Virginia recognizes fault and no-fault grounds for divorce.  Fault grounds for divorce include desertion, cruelty, felony conviction, adultery, sodomy, and buggery.  No fault grounds for divorce are based on how long the parties have lived separate and apart.  Generally, you must live separate and apart for one year before filing for a no-fault divorce.  However, if there are no minor children involved and the parties have signed a written separation agreement, a no-fault divorce can be obtained after a six-month separation.

Service of Process

A divorce filing must be properly served on the defendant if he/she is unwilling to sign a waiver of service of process.  Service of process serves as official notification to the defendant of the pending divorce action and outlines the timeframe in which he/she must respond to the divorce action. There are several methods to effectuate the service of process on the defendant.  Service can be done through a sheriff or private process server or through an Order of Publication for out-of-state or defendants whose whereabouts are unknown.  Additionally, a defendant may waive service of process by signing a waiver before a notary public, or by voluntarily filing responsive pleadings such as an answer to the divorce lawsuit.

Discovery Process

Once a divorce action has been filed, either party may engage in the discovery process.  Discovery is used to collect relevant documents and evidence for the divorce.  Discovery can be done on any relevant issue such as the grounds for divorce, custody and visitation, uncovering a party’s assets and debts, and determining a party’s income.  Discovery can be written, such as using written Interrogatories (i.e., questions directed to the other party that he/she must answer in writing) and Request for Production of Documents (a request requiring the other party to produce documents, such as income documentation, asset documentation, etc.).  In addition, discovery may include tools such as depositions of parties or witnesses, or subpoenas to third parties or entities. 
 

Shannon Otto Law represents family law clients in the greater Richmond, Virginia metro area, and throughout Henrico County, Chesterfield County, Hanover County, Goochland County, Powhatan County, Colonial Heights, Amelia County, the City of Richmond, Louisa County, Prince George County, New Kent County, King and Queen County, King William County, Charles City County, and many other localities in Virginia.