What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Virginia Divorce Records
- What Are the Residency Requirements for Divorce In Virginia?
- What Are the Grounds for Divorce in Virginia?
- How Much Does It Cost To File for Divorce in Virginia?
- How Long Is the Waiting Period for Divorce in Virginia?
- How To File for Divorce in Virginia
- Are Divorce Records Public in Virginia?
- How To Get Certified Copies of a Divorce Decree in Virginia
- Divorce Settlement: Is Virginia a 50/50 State?
- FAQs About Divorce Process In Virginia
Virginia Divorce Records
At 2.9 per 1,000 residents as of 2022, the average divorce rate in Virginia is higher than the national average of 2.4 per total population. Even though this is down from 3.1 per 1,000 persons in 2021, the state still ranks as one of those with the highest divorce rates in the United States.
The two types of divorce records created during a divorce proceeding in Virginia are divorce decree and divorce certificate. A divorce decree in the state is a legal document issued after a divorce judgment that officially ends a marriage. On the other hand, a divorce certificate is typically a one-page official document issued as proof of a divorce.
A divorce certificate in Virginia generally contains basic identifying details about both parties in the divorce and a statement that the divorce judgment is final. Similarly, a divorce decree identifies all parties in the divorce, including both spouses and any children. In addition, it dictates the terms of the divorce and includes statements confirming that the divorce complies with state law. Virginia divorce records are primarily kept by the clerk of the Circuit Court where the divorce was finalized.
What Are the Residency Requirements for Divorce In Virginia?
To be able to file a divorce complaint in Virginia, at least one of the spouses must have resided in the state or been stationed there (for military officers) for not less than six months, per Section 20-97 of the Code of Virginia. Anyone who had a permanent home in the state during the six months before filing for divorce but is currently stationed in another territory or country as a U.S. civilian employee or military service member also meets this residency requirement.
What Are the Grounds for Divorce in Virginia?
The Commonwealth of Virginia recognizes both fault and no-fault-based divorces:
- Fault-based Divorce - This is a type of divorce in which one of the parties alleges that the other party did something responsible for the breakdown of the marriage or legal union. Per Section 20-91 of the Code of Virginia, common grounds (legally valid reasons) for a fault-based divorce in the Commonwealth include cruelty, adultery, and buggery or sodomy committed outside the marriage. Others are abandonment or willful dissertation for at least one year and felony conviction of either of the spouses for at least one year.
- No-fault Divorce - In a no-fault divorce, no party has to show or prove the other party has done anything wrong. In Virginia, the major ground for a no-fault divorce is separation. Both parties only need to prove they have lived separate and apart for at least one year without cohabitation (sexual relations).
How Much Does It Cost To File for Divorce in Virginia?
Virginia is believed to be the eighth most expensive state in the United States to get a divorce in. On average, it costs about $11,600 to get a divorce in the Commonwealth, which is a little higher than the national average of around $11,300. Generally, anyone filing for divorce in Virginia is required to pay an $84 court filing fee as part of the divorce costs.
The average cost for a divorce in Virginia is higher than some of its neighboring states like Maryland ($11,800) and Kentucky ($8,100). Generally, the cost of a divorce will vary by case, and various factors are responsible for determining the exact cost of a divorce in the Commonwealth. These include attorney fees, alimony, child support (for married couples with children), court costs, property and debts, and the complexity of the divorce process.
How Long Is the Waiting Period for Divorce in Virginia?
In the Commonwealth of Virginia, there is generally no mandated waiting period to file for divorce. Hence, anyone who wishes to file a divorce complaint on fault-based grounds may do so at any time following the fault discovery. However, specific time requirements must be met before a person can file for a fault-based divorce for grounds not listed in Section 20-91 of the Code of Virginia.
In Virginia, parties who have lived separately or apart without cohabitation with a signed separate agreement and no children in common require at least six months to file for a divorce. On the other hand, a separation period of one year is required for such parties to file for a divorce in the state if a separation agreement (regardless of parental status) is not in place.
How To File for Divorce in Virginia
Any individual who meets residency and certain other requirements in Virginia and has legally valid reasons (grounds) may file for divorce by taking the following steps:
- File a divorce complaint at the clerk's office in a Circuit Court in any city or county within the state. The Commonwealth does not have or provide official court forms for divorce.
- Deliver the divorce papers to the other party through what is commonly known as a service of process. There will be no need to serve the divorce papers if the other party has signed the Acceptance/Waiver of Service of Process.
- If the other party objects to the venue (the court where the divorce paperwork is filed), the court may transfer the case to the city or county where the other party currently lives, the petitioner lives, or where both spouses last lived together.
- After filing the necessary paperwork, the next line of action will largely depend on whether the divorce case is uncontested or contested:
- If uncontested, the court may finalize the case by working with the affidavit and other submitted paperwork without a court hearing.
- If it is a contested case, the other party is expected to respond to the complaint by filing an answer within 21 days after they are served with the divorce papers. Afterward, the case will move to discovery and several court hearings.
Interested individuals may use the Virginia Judicial System Court Self-Help as a guide for the state's divorce process.
Are Divorce Records Public in Virginia?
While Virginia divorce records are considered public records, per Section 32.1-271(D) of the Code of Virginia, they do not become public information until 25 years after the divorce was finalized. In other words, the general public may not access divorce records in the Commonwealth until 25 years after the event.
Under Virginia law, only the parties named in a divorce record, attorneys, and immediate relatives may access the record within the first 25 years after the divorce was finalized. Immediate relatives include father, mother, current spouse, sibling, and adult children.
How To Get Certified Copies of a Divorce Decree in Virginia
Only eligible persons may obtain certified copies of divorce decree in Virginia from the clerk's office of the Circuit Court where the divorce case was filed and finalized within the first 25 years of the event. Depending on the city or county, requesters may be required to submit completed application forms or written requests.
Any request for a Virginia divorce decree should generally contain the year of divorce, case number, and the full names of persons involved in the divorce. In addition, eligible requesters other than parties named on a divorce decree must provide legible copies of their valid IDs showing their relationship to parties named on a sought divorce decree. Generally, once a divorce decree is at least 25 years old, any member of the public may obtain it from the Circuit Court clerk's office through the same process but may not be required to provide a copy of their ID.
Eligible persons may also request copies of divorce certificates in Virginia by completing an Online Application for Certification of a Vital Record and submitting it to the Department of Health's Office of Vital Record. Each divorce certificate search costs a non-refundable $12 fee. Alternatively, eligible requesters may obtain a divorce certificate from the Commonwealth of Virginia by submitting their applications in person or by mail to any of the Blue Ridge Health District locations.
Divorce Settlement: Is Virginia a 50/50 State?
In a divorce process, Virginia is an equitable property distribution state and not a community property (50/50) state. Unlike community property states where property acquired during marriage is split 50/50 between both parties during a divorce settlement, in Virginia, assets are distributed fairly and equitably depending on the prevailing situation.
Per Section 20-107.3 of the Code of Virginia, the court may decide what is fair inequitable property distribution upon divorce by considering certain factors, including the following:
- The duration of the marriage.
- The tax consequences to each party in the divorce.
- Each party's monetary and non-monetary contributions to the welfare of the family.
- The ages of the parties and their mental and physical condition.
- Each party's contribution to the acquisition of the marital asset in question.
FAQs About Divorce Process In Virginia
The most frequently asked questions about Virginia's divorce process and their answers include the following:
How Do I Modify a Divorce Decree In Virginia?
Under state law, only a court may modify a divorce decree in Virginia. However, the party seeking to modify such a decree must be able to prove that there have been significant changes to their situation since the divorce decree was finalized or was last modified.
Any party interested in modifying a divorce decree in Virginia may complete the Motion to Amend or Review Order Form and submit it at the court where the divorce was finalized. Child support, child custody, child visitation, and alimony are the most common reasons anyone may want to modify a divorce decree in the Commonwealth.
How Do I Enforce a Divorce Decree In Virginia?
You may want to enforce a divorce decree in Virginia if the other party has breached the settlement agreement in the divorce order. You need to request the court to hold the violating party in contempt. Enforcement of a divorce decree in Virginia may become necessary in cases involving child support alimony, asset division, and child visitation and custody.
What Are the Restrictions to a Divorce Decree in Virginia?
Unlike child support, child custody, alimony, and child visitation, a court's decision regarding property division in a Virginia divorce decree is usually considered final. Hence, it cannot be changed or modified once the court issues a divorce decree.
Can I Efile My Divorce in Virginia?
No. Virginia makes no provision for electronic filing of divorce complaints. Divorce complaints may only be filed at the Circuit Courts in person.
How Do You Serve Divorce Papers in Virginia?
In Virginia, a plaintiff may serve divorce papers on the defendant through any of the following means:
- In-person to the defendant or a member of their household who is at least 16 years old through a deputy sheriff.
- By posting the papers on the defendant's front door or mailing them by first-class mail
- Publishing the papers in the newspaper if the defendant cannot be found
Does Virginia Mandate Couples To Participate in Divorce Mediation or Counselling?
No. Although Section 8.01-576.5 of the Code of Virginia authorizes a judge to refer certain civil matters, including divorce, to a dispute resolution program, mediation or counseling during the divorce process is not mandatory. They may not be ordered by a judge. Generally, the parties in the divorce process must willingly decide if they want to participate in mediation or counseling.
How Do I Seal My Divorce Records in Virginia?
Either party to a divorce in Virginia may file a motion under Section 20-124 of the Commonwealth's Code to seal the divorce record. Once sealed, the divorce record will remain restricted from public access even 25 years after the divorce was finalized.
It is also possible to request the court to seal certain identifying information like insurance policy numbers, social security numbers, and financial information, in a Virginia divorce record. Either party may do this by filing a private addendum with the court.
How Does Virginia Calculate Alimony?
In any Virginia divorce, alimony is generally calculated based on several factors, but more importantly, the income levels of each party in the divorce case. Per Section 16.1-278.17:1 of the Code of Virginia, alimony is typically calculated as follows:
- For spouses with children, the court considers 58% of the income of the party receiving spousal support and 26% of the party paying support.
- For spouses with no children, the court subtracts 50% of the gross income of the party receiving support from 27% of the gross income of the paying spouse.
In instances where household income exceeds $10,000 or where the income is unusually low, judges will have to determine the formula on a case-by-case basis.
Generally, alimony may be terminated or modified in the Commonwealth of Virginia under certain circumstances, including the following:
- The paying party has reached full retirement age
- Either party dies
- The paying spouse demonstrates to the court that the receiving spouse has been cohabiting with another partner for at least one year
- The receiving spouse remarries
How Do I Access Historic Divorce Records in Virginia?
Historic divorce records in Virginia since 1918 may be accessed at the state's Office of Vital Records. These types of records are usually required for genealogical research purposes.
