Understanding the Divorce Process in Virginia
Divorce can be confusing, but we are here to help you understand the process. It will differ depending on whether there are major issues with child custody, child or spousal support, property division and debt division.
Uncontested Divorce
In Virginia, courts cannot grant a divorce without grounds. When there is no “fault” in the divorce, grounds are based on a separation from the spouse for a specific amount of time. If the parties do not have minor children and they have reached a separation agreement, the separation period is six months. If the parties have minor children, the separation period is 12 months.
If the “grounds” are met and there are no contested issues, the process can usually be completed in 30-90 days from the date of filing.
[Related: Divorce Process]
Contested Divorce
When there are contested issues (regarding child support, spousal support, custody, property division, etc.) and negotiation attempts have failed, or in the case of a disputed divorce, the divorce is considered “contested”.
In a contested case, clients can use the separation period as grounds or proceed with a fault-based ground, such as desertion, adultery or cruelty.
[Related: Child and Spousal Support]
What comes next?
After filing the Complaint, your spouse has three weeks from the date of being served to respond with a written response. In contested cases, the divorce then moves to the discovery phase.
The discovery phase occurs when information and evidence is gathered before the trial. This usually means sending out or answering questions, requesting or providing documents, hiring expert witnesses and taking oral depositions.
We continue to work towards an out of court solution during this time but also prepare for a trial if your case cannot be settled.
Some jurisdictions require two trials in order to resolve disputed issues, with the first trial being reserved specifically for custody issues. Other jurisdictions resolve everything in one trial.
[Related: Child Custody and Visitation]
During a trial, evidence will be presented, the parties and their witnesses will testify, and arguments will be made by the attorneys for each party. After careful consideration, the judge will make a ruling. These cases take much longer from start to finish than uncontested divorces.
If you are considering divorce, contact Cooper Ginsberg Gray Family Law today and schedule your consultation. Let us help you through this difficult time.