After you have filed for divorce online and obtained the approval from the court, which takes at least six months, you must deliver the papers to the local Clerks Office. In Virginia, divorce papers are served in the following ways:
- In the county where you or your partner lives
- In the county where you or your partner lives, and
- In the military service area.
If you are divorcing in Virginia and your spouse is serving in the armed forces, you must serve your divorce papers in Virginia too. The laws do not require the judge to specify the exact way you or your partner should serve your documents. However, it is strongly recommended to deliver the papers by the closest compatible means. For example, you can ask your spouse to write your papers for you.
Virginia Divorce Laws
Divorce laws in Virginia require spouses to be either residents of Virginia or have lived in the state for at least a year before filing for divorce. It should be stated that Virginia divorce law does not allow filing for separation unless the petitioner (the spouse who initiates the divorce) is a local resident who files his or her paperwork in Virginia within the specified time frame. Also, the petitioner must be a resident of Virginia for at least a year before initiating the divorce.
According to Virginia divorce law, there are two different types of divorce proceedings in Virginia: contested and uncontested. The first is a straightforward and less costly process that is applicable to all marriages with a dissolution of marriage in Virginia. The second type is more complicated and more definitely includes two parts: the complaint and the answer. The basic tenets of both types of divorce are:
The complaint is a formal request to the court to make a decision on the particular issue(s) for the divorce. It is the body of law that is required to initiate the divorce.
The answer is a response to the petitioners claim that the court should make a decision on the merits of the separation. It is the part of the law that is contradictory to the declaration of marriage.
According to divorce laws in Virginia, the judge will need to consider all possible options and settle on the most favorable solution(s) for both parties. The court will make its decision based on the totality of the facts and the juridical opinion of the judge. After that, the parties have 30 days to appeal.
Service of process
According to Virginia divorce law, the party that is required to deliver the documents to the other party is the local sheriff, or in other words, the sheriff of the county where the divorce was granted. In Virginia, the service of process is executed by mail, by the sheriffs office, or in other ways.
If the other party does not respond, it is possible to initiate the divorce process again by providing the documentation to the other party. If the other party does not respond, it is possible to initiate the divorce process again and, in a more complicated way, by going to court and answering the accusations.
Virginia divorce process
The divorce process in Virginia involves a number of steps that depend on the particular situation you are in, and if there are children, another person is specified in the divorce process who is in charge of child support and custody. Thus, the whole process of separation can be much more complicated than it looks! Nevertheless, the process of VA divorce is still simpler and less expensive than going to court.
Before you start the divorce process, you should be informed about the divorce laws in Virginia. Virginia laws on divorce can be explained by the following definition:
- A divorce is the legal process of terminating a marriage, which results in the loss of one partner for the second. If the second spouse is killed in the process, the entire process can be understood as a fault divorce.
- Virginia divorce laws on alimony state that the plaintiff must provide financial statements to prove their financial situation. If the respondent does not provide such a statement, it is possible to initiate the divorce by affidavit.
- If you are the plaintiff, it is your responsibility to provide a statement to the court. If the respondent does so, it is sufficient to dismiss the case.
- If you are the defendant, it is your responsibility to pay the court fees. The costs of divorce in Virginia can be evaded by taking other actions before the court. It is possible to file for divorce in Virginia without a lawyer if the couple has no minor children and the dissolution is a no-fault type. In this case, the proceedings will be completed without the assistance of a lawyer.
- If the duration of the proceedings is over, one can turn to the court and make a decision on the state of Virginia divorce. Court officials will check if the petitioners information is correct and all the demands are met. Then the date of the hearing will be set and the spouses will receive a divorce decree.