Divorce in Virginia follows certain procedures and guidelines, aiming to ensure fairness and justice for both parties involved. Here’s an overview:
Filing for Divorce:
Divorce is initiated by filing a “Complaint” in the circuit court of the city or county where either spouse resides. The party initiating the filing must serve the other party with a copy of the Complaint, initiating legal proceedings.
Waiting Period:
The state of Virginia imposes a waiting period before a no-fault divorce is finalized. For those couples with children, the waiting period is typically one year. For those couples without children and who have signed a separation agreement, the waiting period is reduced to six months.
Property Division:
The state of Virginia allows for equitable distribution of marital property, meaning that marital property, assets, and debts acquired during the marriage, except for those received by one spouse from an inheritance or a gift, are to be divided fairly, though not necessarily equal. The court considers various factors, including each spouse’s contribution to the marriage and financial circumstances.