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Divorce Filing & Hearing Process in Fredericksburg

Divorce Deed

A divorce means they’ll be major changes in not just your life, but your kid’s life. The Virginia divorce process may lead to negotiations  and agreements over child and spousal support, custody, and property division.

Before the couple can decide on these important issues, however, they first have to file for divorce in the Circuit Court and take usually complicated and correct steps to finish the process. If you’re pursuing a divorce or defending against one, feel free to use the following information as a guide. Contact Fredericksburg lawyer Tori Bramble to learn more about the divorce process for help today.

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Complete and File Divorce Papers

The first step in getting a Fredericksburg divorce is completing and filing necessary agreements and court paperwork. If you’re filing for the divorce, you first must complete a Complaint for Divorce and then file it with the Clerk of the Court in the county where you want to get divorced - usually where you or your spouse lives. You must include a filing fee with your complaint.

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Serve Your Spouse with Divorce Papers

Once your divorce paperwork has been filed at the Clerk’s office, you, the Plaintiff, may get your spouse served with a summons and the Complaint for Divorce, giving your spouse details about the divorce and when they need to file an answer or response to the divorce. To do so, you can ask your spouse to accept service by filing an Acceptance/Waiver of Service of Process form, or, if your spouse decides not to accept the divorce papers, you may have your spouse served personally or by posting on their residence door by a private process server or the sheriff.

If your spouse still avoids getting served, you can serve your spouse through publication or through the Secretary of the Commonwealth.

After your spouse has been served, you will have to file other papers . These papers can include a Property Settlement Agreement, Privacy Addendum for Protected Identifying Information, statistical divorce form and a Final Decree of Divorce for the judge to sign. You must also schedule a final divorce hearing date, also called an ore tenus hearing, where a judge will decide whether you can be divorced and about related issues if you and your spouse can’t make an agreement before the hearing. Alternatively, you may be able to file an affidavit stating your reasons for wanting a divorce among other requirements. This is really simplifying the process. Depending on whether your divorce is amicable or high conflict, there are many steps that must be taken properly to protect your rights and finish the divorce process.

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How Quickly Can I Get Divorced

Virginia law says that parties that have no  minor children must wait 6 months before they can file for a divorce but they must have a written separation agreement when they file and don’t have minor children. But if a couple has minor children, they must be separated for at least one year before they can file for divorce.  This does not mean, however, that the Virginia divorce process will take a long time once a divorce case is filed for divorce.. 

This does not mean, however, that the Virginia divorce process will take a long time once a divorce case is filed. But sometimes even after filing, a divorce can take longer, especially if there’s a disagreement over child custody, child support or property division.

If you or your spouse, or both of you can’t come to an agreement, getting a lawyer and conducting discovery to gather evidence is necessary.  This could include gathering financial statements, getting witness to testify for you, and providing a lot of other information to prepare for a divorce trial.

Fortunately, most times contested divorce cases end up settling. If a couple comes to an agreement about issues, they may settle the divorce and avoid a  trial in front of a judge.  The last thing you want to do is get in front of a judge but if you can’t agree on all  the issues, you’ll both need to appear in front of a judge, who will make a final ruling about your future.

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Serve Your Spouse with Divorce Papers

Once your divorce paperwork has been filed at the Clerk’s office, you, the Plaintiff, may get your spouse served with a summons and the Complaint for Divorce, giving your spouse details about the divorce and when they need to file an answer or response to the divorce. To do so, you can ask your spouse to accept service by filing an Acceptance/Waiver of Service of Process form, or, if your spouse decides not to accept the divorce papers, you may have your spouse served personally or by posting on their residence door by a private process server or the sheriff. Commonwealth.

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Do You Have Questions About the Divorce Process in Fredericksburg?

This is simply a general overview of the divorce process in Fredericksburg, although it may include further steps, depending on the details of your individual case. If you need help pursuing a divorce in the area or even have any questions related to family law, please don’t hesitate to reach out to a family law attorney in Fredericksburg, Virginia at the Bramble Law Firm.  We’re  happy to help you in any way we can.

Call Us Today at (540) 628-7340 or reach us online to schedule a private consultation.