At 6.5 divorces per 1,000 residents, Virginia’s divorce rate is fairly close to the national average. Even so, this experience remains as stressful as ever.

Are you trying to navigate your Virginia divorce as painlessly as possible? If so, your best bet is to familiarize yourself with what you can expect. No two divorces are quite the same, so it helps to be as prepared as possible.

Not sure where to start with your research? Here’s a short guide on Virginia’s divorce process and how to keep it from overwhelming you.

Pre-Divorce Planning

If no one has filed for divorce yet, consider talking about your options with an attorney. There may be some things you can do to make the process smoother.

If you have children, for instance, think about your goals for them. Divorce is particularly hard on kids, so you should do your best to disrupt their lives as little as possible. The court will likely take these efforts under consideration.

You’ll also want to gather the essential financial documents early. These include:

  • Bank statements
  • Mortgage statements
  • Credit card statements
  • Investment account information

The Two Types of Divorce

Virginia divorce laws allow for two types of divorce: non-contested and contested. Here’s how they differ and why the former is always a better option.

Non-Contested Divorce

In non-contested divorces, both parties agree on all the major issues. In this case, the attorneys draw up an agreement for both sides to sign. The agreement then goes to a Virginia judge to review and sign it as well.

Non-contested divorces tend to be far less expensive than contested ones. Even so, it’s worth talking to an attorney to ensure your rights are protected. They can also tell you if the court will approve your agreement.

Contested Divorce

Contested divorces involve disagreements on one or more key issues. These often result in several hearings where a judge will monitor the case. Both parties will have to produce documentation and testimonies.

These divorces can take over a year to resolve. If the two sides can’t find a compromise, the case will go to a trial. The judge will review the case and write an order for property division, child support, and other arrangements.

How to File for Divorce

The first step of a divorce in Virginia is filing a Complaint for the Dissolution of Marriage. Then, you serve that paperwork to your spouse.

The complaint is a legal document where you outline why you’re seeking a divorce and what you want to get from it. Think of it as a first offer in a negotiation. Ideally, you’d hire a skilled divorce attorney to draft the complaint.

Once you serve your spouse with this document, they have 21 days to respond. They can also ask for an extension for reasons such as:

  • Unexpected events
  • Complexity of the case
  • Adequate preparation
  • Other obligations

In most cases, your spouse will respond through a lawyer. From that point on, the legal teams will represent both sides in court.

Child Custody and Support

During a divorce in Virginia, children are often caught in a crossfire. This is why the court will usually want to ensure they enjoy parenting time with both parties.

There are two main custody arrangements: joint custody and sole custody. Joint custody involves both parents making day-to-day decisions about their kids. Joint custody can also be shared, i.e., both sides enjoy similar parenting time.

Contrary to popular opinion, sole custody doesn’t involve the other parent losing their rights. It simply means one parent will get most of the parenting time. They’re also responsible for making day-to-day decisions for the child.

Compared to parenting time arrangements, child support is less flexible. It’s determined by a formula that takes both parents’ situations into account.

Dealing With Property Issues

In a marriage, joint property is considered to be a part of the marital estate. Beyond the house itself, this includes any financial assets or items, such as:

  • Bank accounts
  • Household furnishings
  • Stocks and pensions

Though most of this property belongs to both spouses, there are some exceptions. For instance, one spouse may own an inheritance or their own business. As such, one of the key parts of a divorce is determining how to split the marital estate.

Virginia isn’t a communal property state, so the estate isn’t automatically divided 50/50. Instead, the court decides on the most equitable property division. Having an attorney on your side can be very helpful during this process.

Pre-Trial Activity and Mediation

A case must go through several key divorce procedures before reaching the trial. These include hearings on temporary custody, restraining orders, and so on.

Oftentimes, you’ll need to attend a deposition. That’s where your spouse’s attorney will ask you certain questions under oath. A deposition lays the groundwork for the testimony you’ll offer at trial.

A judge may suggest mediation to help both parties reach an agreement. In general, most people are happier with mediated settlements than with court judgments. Your attorney can help you navigate the mediation process.

What to Expect at a Trial

If a Virginia divorce process reaches the trial stage, don’t expect it to look like it does on TV. For starters, divorce cases in this state don’t have a jury.

The trial will start with the side that filed for divorce (the plaintiff) making their case. Both sides will get the chance to:

  • Make an opening statement
  • Call witnesses
  • Submit evidence

Depending on its complexity, a trial can last a few hours or several days. However, you may still have to wait a few weeks after the trial is over for the judge to come up with the final verdict.

We Can Help You Navigate Your Virginia Divorce

Much like marriage, every divorce is unique. The best way to navigate this process safely is to hire an experienced divorce attorney to protect your rights.

At Kearney, Freeman, Fogarty & Joshi, PLLC, we believe an effective resolution must be based on meeting our client’s needs. Our Virginia divorce attorneys can help you handle these delicate topics in a comfortable environment.

Get in touch with us to hear how we’ve been helping families and individuals in Northern Virginia get results in tough legal cases for 30+ years!