Step-by-step companion How to train for divorce in Virginia
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Published: 2023-10-26 14:04:02

Filing for divorce in Virginia can be a complex and emotionally charged process. [How to file for divorce in Virginia ](https://srislawyer.com/how-to-file-for-divorce-in-virginia)This step-by-step guide will show you how to navigate the legal requirements and procedures involved in obtaining a divorce in the Commonwealth of Virginia.

**1. Establish Residency in Virginia 
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[ How to file for divorce in Virginia ](https://srislawyer.com/how-to-file-for-divorce-in-virginia), at least one of the spouses must be a resident of the state for a minimum of six months before initiating the divorce proceedings. You'll need to provide proof of your residency to the court.

**2. Determine Grounds for Divorce
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 In Virginia, you can file for either a no-fault or a fault-based divorce. No-fault divorces are typically based on the grounds of separation for a specific period (usually six months if there are no children and one year if there are children) and the absence of cohabitation. Fault-based grounds may include adultery, cruelty, or abandonment.

**3. Prepare the Required Documents
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You'll need to gather and complete the necessary divorce forms. These typically include the Complaint for Divorce, which outlines the details of your marriage and the reason for the divorce, and other documents that vary depending on your specific situation.

**4. Filing the Divorce Papers
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 How to File the Completed Documents with the Circuit Court in the city or county where you or your spouse reside. You'll be required to pay a filing fee, which can vary by jurisdiction.

**5. Serve Divorce Papers
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 After filing, you must officially serve your spouse with the divorce papers. This can be done by mail, a process server, or other methods as approved by the court. Proper service ensures that your partner is apprehensive of the divorce proceedings.

**6. Waiting Period
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 In a no-fault divorce, Virginia law mandates a waiting period of six months from the date of separation (or one year with children) before the divorce can be finalized. This is a time for possible reconciliation and addressing issues related to child custody and property division.

**7. Contested vs. Uncontested Divorce
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 If you and your spouse can agree on all the issues, such as property division, child custody, and support, you can pursue a [Virginia uncontested divorce](https://srislawyer.com/how-to-file-for-divorce-in-virginia). If there are disagreements, it becomes a contested divorce, which may require court hearings and legal representation.

**8. Attend Court Hearings
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 For contested divorces or cases with unresolved issues, you may need to attend court hearings to present your case. Legal representation can be beneficial in such situations.

**9. Obtain the Final Decree of Divorce
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 Once the waiting period and any required court proceedings are complete, you can request a final decree of divorce from the court. This document officially ends your marriage.
Filing for divorce in Virginia is a process that involves legal intricacies and emotional challenges. Seeking legal counsel, especially in complex or contested cases, is often advisable to ensure that your rights and interests are protected throughout the process.