Uncontested Divorce

Requirements for Divorce in Virginia

Before filing for divorce in Virginia, certain legal conditions must be met:

1. Residency Requirement
   • At least one spouse must have been a resident and domiciliary of Virginia for at least six months before filing.
   • Immigrants can file for divorce in Virginia as long as they meet the residency requirement, regardless of their citizenship or visa status.

2. Grounds for Divorce

Virginia recognizes both no-fault and fault-based divorces.

• No-Fault Divorce: The spouses must live separately and apart for at least one year(or six months if they have no minor children and have a written separation agreement).
• Fault-Based Divorce: Grounds include adultery, cruelty, desertion, or conviction of a felony resulting in imprisonment for over a year.

Steps in the Divorce Process

Step 1: Filing the Divorce Complaint

The divorce process begins by filing a Complaint for Divorce in the Circuit Court of the county or city where either spouse resides.

Step 2: Serving the Divorce Papers

The other spouse (the defendant) must be formally notified about the divorce. This can be done through:

• Personal Service(delivered by a sheriff or process server)
• Substituted Service(delivered to a household member)
• Service by Publication(if the spouse’s whereabouts are unknown)

Step 3: Response from the Other Spouse

The defendant can file a response (Answer) agreeing or disagreeing with the claims in the complaint. If they do not respond within the given timeframe, the divorce may proceed as uncontested.

Step 4: Negotiation and Settlement (if applicable)

If there are disputes over property, child custody, spousal support, or other issues, spouses may:

• Negotiate directly or through attorneys
• Mediate to reach an agreement
• Rely on a Property Settlement Agreement (PSA)to outline the division of assets and responsibilities

Step 5: Court Proceedings (if necessary)

If the spouses cannot reach an agreement, the court will hold a hearing where a judge will decide on issues such as:

• Property division
• Child custody and support
• Spousal support (alimony)

Step 6: Finalizing the Divorce

• If both parties agree on all terms, the divorce can be finalized without a trial by submitting depositions or appearing in an uncontested hearing.
• If there are disputes, the judge will issue a ruling after reviewing evidence and hearing arguments.
• Once approved, the Final Decree of Divorce is issued, legally ending the marriage.

How Divorce May Be Different for Immigrants

If you or your spouse is an immigrant, additional factors may impact the divorce process:

1. Immigration Status and Divorce

• A divorce does not automatically affect your immigration status, but it may impact certain visas.
• If you obtained a green card through marriage, a divorce before you receive a permanent (10-year) green cardcould trigger a review by immigration authorities.
• Those on a dependent visa (e.g., H-4, F-2, or J-2)may lose their legal status if the primary visa holder divorces them.

2. Proving a Good-Faith Marriage

• If you are an immigrant divorcing a U.S. citizen or green card holder and you have conditional residency, you may need to file a Form I-751 Waiver to remove conditions on your green card.
• Evidence such as joint bank accounts, leases, and photos may be needed to prove that the marriage was entered into in good faith.

3. International Spouses and Service of Process

• If your spouse lives outside the U.S., serving them with divorce papers may require international service of process under The Hague Convention or through publication if their whereabouts are unknown.

4. Child Custody and International Considerations

• If your spouse is an immigrant, there may be concerns about international child custody disputes.
• Virginia courts determine custody based on the child’s best interests, but international travel restrictions, passports, and potential parental abduction risks must be considered.

5. Division of Property with Overseas Assets

• If marital property is located outside the U.S., enforcing property division orders may be challenging.
• Courts in Virginia can divide assets located in the U.S. but may not have authority over foreign property.

Special Considerations for Out-of-State Spouses

• Out-of-State Spouses: If your spouse lives in another state or is missing, different service requirements apply.
• High-Asset or Complex Cases: If substantial assets, businesses, or debts are involved, additional legal steps may be necessary.

How Seva Law Can Help

Divorce can be overwhelming, but you don’t have to go through it alone. Whether it’s a simple uncontested divorce or a complex case involving custody, immigration concerns, or international property, our experienced attorneys at Seva Law are ready to advocate for your best interests.

Contact us today for a consultation!