Divorce represents a major change in a family’s structure. Naturally, going through the divorce process is a challenging life event that not only has emotional complexities, but also financial and legal implications. Understanding the divorce process in Virginia is one way to help remove some of the anxieties surrounding the divorce process. This blog aims to provide a guide on what to expect in a divorce in Virginia from start to finish.
Initiating the Divorce Process
The divorce process formally begins in court with the filing of initial paperwork, known as a Complaint for Divorce. This document outlines the grounds for divorce and any other relevant claims, such as custody or support. Once filed, the paperwork must be legally served upon the other spouse, who then has a certain time period to respond. Preparation and thorough documentation at this stage are essential for a smooth process, especially in complicated cases involving complex assets or custody disputes.
Which Type of Divorce in Virginia?
Virginia recognizes two primary types of divorce: no-fault and fault-based. A no-fault divorce Complaint is a divorce initiated on the grounds of the parties being separated for a requisite period. A fault-based divorce is a Complaint filed on grounds such as adultery, cruelty, felony conviction, or desertion. Deciding whether to file a no-fault or fault-based Complaint should be decided based upon the facts of the case and in consultation with legal counsel. There can be different financial and legal implications associated with the type of Complaint you choose to file, especially in matters related to alimony and property division.
The Role of Legal Representation
Legal representation is pivotal in navigating the complexities of divorce. An experienced family law attorney provides valuable guidance and insight into the law throughout the process. Counsel can assist you in deciding the type of Complaint to file, navigating, and protecting your interests during the litigation process, and in negotiating a potential agreement and avoiding, or shortening, contested litigation. It is imperative you choose the right attorney that aligns with your stated interests and understands the nuances of Virginia’s divorce laws.
Navigating Complex Issues
One of the more challenging aspects of a divorce proceeding is navigating the complex issues of property division, alimony, and, if applicable, child custody and support.
Property Division: Virginia follows the principle of equitable distribution, meaning the property is divided equitably, which does not necessarily mean equally. The court considers various factors, such as the duration of the marriage, contributions to the family, and each party’s financial resources.
Alimony: Also known as spousal support, alimony in Virginia is not guaranteed. The court considers a variety of factors like the standard of living during the marriage, the duration of the marriage, and each party’s earning capacity. There are different types of alimony, and understanding each is crucial.
Child Custody and Support: In matters involving children, the Court’s priority will be determining the children’s best interests. The Court must consider a variety of factors in determining what is in a child’s best interests and each case and family is unique. Child support on the other hand is a calculation based on certain figures, such as the parents’ incomes. In certain circumstances, there can be an upward deviation or downward deviation in child support based upon the facts of a case.
So how does the Divorce Process End?
Unless an agreement is reached, a divorce will be finalized after a trial where the judge will review the evidence and testimony presented and issue a Final Decree of Divorce adjudicating all contested matters pending before it and legally ending the marriage. Alternatively, if the parties can reach an agreement, they can finalize their divorce based on the terms of their agreement and avoid a trial. It’s important to understand that even after the divorce, certain responsibilities, and obligations, like alimony or child support, continue based upon the terms of the order. Additionally, post-divorce, there might be a need to update legal documents or consider name changes if not included in the original divorce proceeding.
In conclusion, while divorce in Virginia can be a complex and emotionally taxing process, understanding its intricacies can make the journey less daunting. It’s crucial to seek legal advice and representation to navigate this challenging time effectively.
If you are contemplating or beginning the divorce process and need guidance or representation, please contact Jill Seiferth at (703) 525-4000 or jseiferth@beankinney.com.
This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.