Johnstone Law represents clients going through a Virginia divorce with skill, sensitivity, and straightforward guidance. Regardless of which spouse is seeking the divorce, or whether it is contested or uncontested, divorce is never easy. You deserve an attorney who will listen to you—not just the facts of your case, but your concerns and your goals for the process and life beyond your divorce. After all, a divorce attorney can’t meet your needs until they understand them. To work with attorneys who take your priorities seriously, contact Johnstone Law today.
Most people going through a divorce have never been through the process before. Everyone knows someone who has been through a divorce, though, and it’s easy to fall into the trap of thinking that your divorce will be like your friend’s or coworker’s. The truth is that every marriage and family is different, and so is every divorce.
Some of the many factors that will shape your divorce include:
Although every divorce is unique, there are some steps that are common to every Virginia divorce. Understanding some legal terms and what to expect can make the process easier.
In Virginia, what most people think of as a divorce is called a “divorce from the bonds of matrimony.” This is a divorce that ends a marriage, and what we mean when we refer to “divorce” on this page. Less well known is a “divorce from bed and board,” which is more like a legal separation.
Like a divorce from the bounds of matrimony, a divorce from bed and board divides the couple’s property, provides for child custody, and sets the terms of child support and spousal support. The main difference is that with a divorce from bed and board, the couple is still legally married and the spouses cannot get remarried to other partners.
In order to file for divorce in Virginia, either you or your spouse have to meet a residency requirement. At least one of you must have lived in Virginia for six months immediately before filing for divorce, and the divorce must be filed either in the circuit court for the city or county in which you and your spouse last lived together as husband and wife or, as an alternative, in the circuit court for the city or county where the non-filing spouse lives.
If you are the spouse filing for divorce, you can decide to file based on fault grounds (like adultery, desertion, or cruelty) if any apply, or seek a no-fault divorce. Both options have advantages and disadvantages, and you should talk to your attorney about which is best for you.
Once one spouse (the plaintiff) files a Complaint for Divorce, they need to serve the Summons and Complaint on the other spouse (the defendant), and then file proof with the court that they notified the defendant. In most cases, the defendant has 21 days from the date they were served to file an Answer with the court and serve it on the plaintiff. It is critically important to follow court rules and deadlines, or it could cause problems in your divorce. If you have a divorce attorney, your attorney will make sure all documents are completed, filed, and served on time.
Navigating the Virginia divorce process can be complicated and stressful, especially if you are unfamiliar with it. Having an experienced attorney makes the process easier, and the outcome better. Johnstone Law offers over 27 years of experience in Virginia family law, and our practice is devoted exclusively to family law and divorce. That experience and our commitment to making divorce easier for our clients often enable us to negotiate a favorable divorce settlement and avoid a contentious and expensive trial.
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