What is the process of getting a divorce?

In Virginia, couples seeking a divorce must first be considered legally separated. This is done when at least one of the parties commits an act that the other finds “objectionable.” The court determines when the parties have been legally separated and will grant the divorce. The next step is to file a “Complaint for Divorce” with the court. This is done by the initiating party, who will be listed as the plaintiff, while the other party is listed as the defendant. This document must accurately describe the details of the divorce, such as why the parties are seeking a divorce and if any grounds are involved. The defendant then has 21 days to respond to the Complaint for Divorce. If there is an agreement between the parties and all grounds have been settled, then a “Separation Agreement” can be filed. If there are contested issues, then a court hearing may be necessary. Once all issues have been addressed, either through a court hearing or the Separation Agreement, then the court will grant the divorce. This is done through a final decree of divorce. The final decree of divorce is simply a document that outlines the details of the divorce, such as parenting time, division of assets, and spousal support. Once the final decree of divorce is issued, the divorce is official and the parties are considered to have never been married.

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