The final decree of divorce in Virginia is a formal order by the court granting a termination of your marriage. Getting to this step can be quite a complicated and tedious journey, however, and many couples going through divorce often feel that the whole process seems like a losing battle. It doesn’t have to be!
This guide will walk you through what a Final Decree of Divorce is, the process of getting a divorce, and how a divorce attorney can help you every step of the way.
What is a Final Decree of Divorce?
A divorce decree is an order in the court proceedings that finalizes your divorce. Specifically, this decree contains information about the terms of the divorce and details about the court’s decision.
During the divorce process, the judge will review, examine, and weigh all the evidence and testimony of your case, including whether he or she feels the terms of your divorce are fair and follow the law. If everything is fair and lawful, the court will issue a divorce decree that becomes a binding order.
How to Obtain a Final Decree of Divorce
Divorce is never easy. Family dynamics are changing, personal property is getting split up, and co-parenting plans are getting created. It can leave anyone feeling stressed out. The actual divorce process does not necessarily get easier, but understanding how it works can take some of the weight off of it.
To get a divorce in Virginia, you need to complete the following steps:
- Residence requirement
You or your spouse needs to be a resident of the Commonwealth of Virginia for at least six months before filing the divorce petition. - Complaint
In your complaint, you need to indicate the specific grounds of why your divorce needs to be granted. Two typical grounds for no-fault divorces are a one-year or six-month separation. Additionally, the complaint will need to include specific allegations such as personal information ( Social Security numbers, street addresses, and zip codes of the parties, among other elements), and details about the marriage. - Separation periods
You are eligible for the six-month divorce only if you have no minor children and you entered into a separation agreement. However, this separation period needs to be clearly stated in your complaint. If you do not meet these separation periods before filing, your case could get dismissed. - Prepare and file your complaint with the correct fees
You will file your complaint with the appropriate court costs. Once filed, your case will be given a Civil Number, by which the court will reference it, which will need to appear on all of your documents regarding your divorce. - Serve the defendant with the complaint
After you file your complaint, you need to serve the Defendant (your spouse). Once they are served the complaint, they will have 21 days to respond. - Divorce hearings
There are two types of divorces in Virginia: fault and no-fault. Typically, no-fault divorces are resolved faster than fault-based divorces since there are fewer things to argue about. A judge will generally hear all uncontested divorces, while a Commissioner in Chancery will handle all the contested divorces. - Commissioner’s hearing
For the court to assign a Commission in Chancery to hear your case, you need to submit a Decree of Reference enforced by both parties. During contested divorces, you are required to present evidence and witnesses to support every allegation you indicate in your complaint. After the hearing, the Commissioner will have 30 days to submit their report to the court about whether the divorce should be granted. - Final decree of divorce
After you receive the Commissioner’s Report, you can prepare and file your final decree of divorce. This decree will re-allege all the information you stated in the complaint and order that the divorce is granted with the Commissioner’s recommendations. Once you sign this decree, you will submit it to the court for entry by the judge. - Uncontested hearings
If all the divorce issues are uncontested, a judge will listen to all the evidence and testimony during a hearing. You must submit the final decree of divorce and a copy of any property settlement agreements you have executed. If the court finds that all the requirements are met, the judge will enter the final decree of divorce at the hearing. - Name change order
Upon entry of the final decree of divorce, a party can also file a name change motion. This motion requests that the court restores the party’s former name or maiden name.
It is essential that you include all the required information in your final decree of divorce, specifically all the details from your complaint, what you and your spouse have agreed upon, and everything the judge ordered during your hearing. It is thus crucial to speak with an experienced divorce attorney as soon as possible and get the legal advice you need.
Important Information to Know about Final Decrees of Divorce
Your divorce will not become final until there is a judge’s signature on your final decree of divorce, but there are some other important facts you need to know about this decree:
- Most divorce decrees cover the following issues: separate property division, community property division, retirement accounts, life insurance, health insurance, alimony, custody, visitation rights, division of debt, spousal support, and child support.
- Once you receive your decree, you need to verify it for accuracy, update your accounts, and change your power of attorney.
- You also need to make sure you keep this decree and verify that your spouse is not violating any portions of it. If they are, you will need to bring them back to court.
- If your spouse refuses to sign the decree, you will need to serve upon them a notice to appear in court to enter the final decree of divorce.
- If your spouse contests any issues about the divorce, such as real property rights, these issues will need to be heard by the Commissioner along with the grounds for divorce.
You will be mailed or emailed a copy of your final decree of divorce after the judge signs it and it is entered into the court’s records.
Virginia’s Divorce Laws and How an Attorney Can Help
Virginia’s divorce laws are stressful and complex, and many differ from those in other states. For example:
- Virginia does not recognize “irreconcilable differences” because a divorce needs to be based on fault or no-fault.
- It does not have such a thing as “legal separation.”
- Additionally, marriages in Virginia are considered partnerships. As a result, the state applies the equitable distribution method and will allocate most of the property equally.
Seeking a Final Decree of Divorce in Virginia?
Consequently, filing for a divorce in Virginia can make a difficult situation that much more complicated. Do not go through this divorce process on your own. Contact the Law Firm of Michael Ephraim today and speak with an expert about any final decree of divorce questions you might have.