Changes to Filing for Divorce Under Virginia Code § 20-95

Divorce is a significant life event, and it is natural to wonder how long the process will take. While the exact time it takes for a divorce to become final depends on a variety of factors and circumstances specific to each case, there is a general timeline that parties usually must follow in Virginia. Separation period The law in Virginia requires divorcing parties to live separately before filing for a no-fault divorce. A no-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. In no-fault cases: The couple must separate for 6 months if they do not have children. The couple must separate for 1 year if they have children. During this separation period, both individuals must live apart (separated) with no cohabitation or reconciliation attempts. At-fault grounds In an at-fault divorce, besides the above, the filing party must allege one or more of the following grounds for divorce: Adultery Cruelty and fear of harm Desertion/abandonment Felony conviction with prison time of 1+ years In a no-fault divorce, the individual filing does not have to allege any grounds for divorce. However, the couple must have separated for the periods of time stated above. Filing for divorce After the separation period, either spouse can file for divorce. This process officially begins with filing a complaint for divorce with the court. Serving papers After filing for divorce, the spouse who filed must notify the other party by giving them divorce papers. A sheriff, a private process server or certified mail are the three ways to serve divorce papers to the other party. The court prohibits any other method. After serving the other party, the court allows that party enough time to respond to the divorce complaint. Negotiations and mediation During this time, the spouses can negotiate or mediate any issues that may come up. This phase allows couples to work through problems using professionals, like a mediator or attorney, to work through matters like property division, spousal support, and child custody. How long this phase takes depends on the complexity of the issues and how contentious the divorce is. Court hearings There could be one or many court hearings, depending on whether the divorce is contested or uncontested (contested means that the party does not agree to the divorce). In addition, clients must take into consideration the court’s schedule and caseload, which can affect the timing of the hearings. Final Decree of Divorce Once the parties agree on their issues or the court decides for them, the court issues a Final Decree of Divorce. This is the legal document that officially ends the marriage. After the court makes the divorce official, the parties must comply with what is in the Decree (for example, the transfer of property from one party to another or other orders stipulated by the court.) It is important to note that the divorce process in Virginia can be faster for uncontested cases. The divorce process takes longer when the case is contested. Cooperating with each other and having the willingness to work through issues and negotiate in good faith can also help speed up the process.

Nobody is going to deny that divorce can be painful. Even couples that aim to “consciously uncouple” and hope for a peaceful divorce go through their own share of frustration, grief and fear over the future. But, contrary to common belief, divorce isn’t all bad. In fact, once you make it through the divorce process (and a bit of a mourning period), you may find that there are some surprising benefits to flying solo again. For example: You may regain a sense of personal identity Every marriage requires compromises, and relationships take time. When you look back on what you gave up in order to make room in your life for your spouse, you may find yourself slowly picking up new hobbies or redefining your style. Or, you may feel free to explore your own identity and interests in ways that you couldn’t do while married. That can ultimately make for a much happier you! You may become a better parent If your children are still minors, you may worry about how the divorce will affect them – but kids do pretty well if the parental conflict is kept to a minimum. In fact, your relationship with your children may thrive in unexpected ways because: You won’t be wasting energy on a doomed relationship and all the tensions and squabbles that go along with that. That will give you more energy to focus on the kids. You get some down time, since your co-parent will have the kids up to 50% of the time. That gives you a chance to pursue your hobbies or relax a little. When the kids come back, that respite can also help you be more focused on their wants and needs. You may find yourself far less lonely You don’t have to be alone to feel lonely. In fact, being stuck in a house every evening and weekend with a spouse to whom you no longer feel connected can create a terrible sense of loneliness. Once you’re no longer married, you’re free to seek out the company of people who engage with you, wether that’s emotionally, intellectually or intimately. If it’s time to get a divorce, find out more about how to get started and what you can do to minimize problems during the process.

You have to juggle a million different details mentally when facing a divorce. The more complicating factors you have for your divorce, the harder it may be for you to separate your life from your spouse’s. If you own a business, then there is a lot at risk when you end your marriage. Business owners may need to think very carefully about how to protect themselves and their company as they draw closer to divorce proceedings in Virginia. What are some of the most important considerations for divorcing business owners? Is your business vulnerable in the divorce? You already had the business when you got married or you inherited it, you may have taken certain steps to protect it, like executing a prenuptial or postnuptial agreement with your spouse. If not, you have to look and when you purchased the company or started it to determine if it is at risk in property division proceedings. Determining whether the courts will look at your business as your separate property that doesn’t get split up or marital property that they have the authority to divide will play a major role in how you move forward with the divorce. What is your business actually worth? Someone who doesn’t understand the expenses and liabilities involved in running a business might think that a company is nothing but assets and income. However, businesses also come with a lot of liability and debts. If your business is at least partially marital property, then it becomes very important for you to put a realistic value on the business. Factoring in debts, obligations and even the depreciation of business assets can help you minimize how much value from the company your ex can claim in the divorce. What is it that your ex wants? In addition to thinking about your legal obligations and financial circumstances, understanding your spouse’s motivation can be very helpful. Perhaps they want to share long-term ownership of the company with you because they view it as a source of income. Maybe they just worry that they won’t get their fair share of marital assets if they don’t make a claim against the business. Communicating with your spouse about their desires regarding property division could pave the way for a mutually beneficial settlement that does not impact your company at all. Thinking about your unique needs as a business owner can help you prepare for the complex property division that often comes with business ownership in a divorce.