Here is a quick overview of the types of divorce in Virginia and a general outline of the Virginia divorce process from beginning to end. Keep in mind that this is not intended to be legal advice but rather information to prepare individuals who are dissolving the bonds of matrimony.


What’s Next After Filing for a Divorce and Determining the Grounds?

Imagine you and your divorce attorneys have prepared your documents, decided upon the best type of divorce to file for in circuit court, and served your divorce papers to your partner. What comes next?

Let’s begin with an uncontested divorce. In this case, most of the hard work is over because the separating couple has already worked out a separation agreement. It will be possible for the couple to complete the divorce process without even a court hearing.

This separation agreement — also known as a mediated agreement, marital settlement agreement, and separation settlement — covers how they will divide the assets deemed to be shared by the marriage. Both parties will come to terms on the following matters:

  • How to divide marital property, such as the family home, cars, or other assets.
  • How to divide and repay outstanding debt.
  • Specifics about how partners will continue paying into life insurance policies.
  • The amount in spousal support one partner must pay the other, if any.
  • Child custody and support payments for any dependent children from their marriage.
  • Visitation plans for dependent children.

Please note that in Virginia, a divorce must qualify before it can be considered uncontested. Here are some of the requirements that must be met). Uncontested divorces are either filed on fault-based grounds for divorce in Virginia such as adultery or cruelty, or the couple has not been able to come to a separation agreement but can file based on a statutory separation. At that point, the divorce will proceed to the next steps.

The partner who was served the divorce papers will have 21 days to respond to the complaint. At that point, these divorce cases will typically then go into the discovery phase.

Often, several court hearings will follow. It is impossible to predict the path after that, as each divorce has unique challenges and circumstances. This phase is where a skilled divorce attorney becomes instrumental in making sure all parties receive equitable treatment under the law.

Contact Us Today

The good news is that you don’t have to go through it alone. If you are considering getting divorced, contact WhitbeckBennet by calling 800-516-3964 or emailing clientservices@wblaws.com. Our attorneys are well-versed in all aspects of Virginia divorce law and will be able to give you the guidance you need to see the process through. Contact us here to start the process today.