Navigating Virginia Divorce Process

Summary

In Virginia, to file for divorce, one must establish a ground for divorce and serve the spouse with divorce papers. If the spouse doesnt agree, a contested divorce can proceed, possibly requiring court intervention. The waiting period is 6 months if there are no minor children and a separation agreement is in place, otherwise, its 1 year. After a year of separation, if the spouse doesnt contest, one can proceed with the divorce and request a court date. The spouse needs to be served with the Notice of Hearing, and if they dont show up, the hearing can proceed in their absence. Its recommended to consult a local attorney for detailed guidance.

Full Conversation

I’m trying to divorce
Hi ****, I'm sorry to hear about your situation. Divorce laws vary by location. Could you please tell me where you are currently residing so I can provide accurate information?
Virginia
Hi ****, in Virginia:
*. You must establish a ground for divorce, such as adultery or separation for over a year.
*. File a Complaint for Divorce in the Circuit Court.
*. Notify your spouse by serving them the divorce papers.
Please consult with a local attorney for detailed guidance.
I did a newspaper divorce ad and she replied stating she came November * *
Hello ****, if your spouse responded to your ad, it means they've been served. Your divorce process can now proceed. You should consult with a local attorney for the next steps.
Well she doesn’t want to agree with anything
Hello ****, in Virginia, if your spouse doesn't agree, you can proceed with a contested divorce. This might require court intervention to resolve issues like property division, custody, etc. Consulting a local attorney could be helpful.
Do I have to wait a year of seperation?
Hello ****, in Virginia, if there are no minor children and you have a separation agreement, the waiting period is 6 months. If there are minor children, the waiting period is 1 year.
What happens now if she doesn’t do anything after this has been filed and a year time is over
Hello ****, in Virginia:
- If a year has passed and your spouse hasn't agreed or responded, the court may grant a divorce based on the ground of separation.
- Issues like property division and custody may be decided by the court.
- Consult a local attorney for further guidance.
Even if she replied to the newspaper ad
Hello ****, in Virginia:
- If she responded to the newspaper ad, it's considered that she's aware of the divorce proceedings.
- If she doesn't actively participate or object, the court can still proceed with the divorce.
- A local attorney can provide detailed guidance.
Do I have to do anything for the divorce to proceed forward after she replied after the year separation is over
Hello ****, in Virginia:
- After a year of separation, if she replied but doesn't contest, you can proceed.
- You may need to request a court date for your divorce hearing.
- Consult a local attorney for detailed steps.
How can I go about requesting a court date
Hello ****, in Virginia, you can request a court date by filing a "Request for Ore Tenus Hearing" or "Notice of Hearing" form in the Circuit Court where your divorce case is pending. Make sure you:
- Fill out the form accurately.
- Submit it to the court clerk.
- Serve a copy to your spouse.
Consult with a local attorney for assistance.
Mecklenburg county
Hello ****, in Mecklenburg County, Virginia, you can contact the Circuit Court for the form and information on how to request a court date. Their contact details are:

Mecklenburg County Circuit Court


Phone: (*) *-*
Address: * Washington St, Boydton, VA *
Website: www.courts.state.va.us/courts/circuit/Mecklenburg/home.html
Do I have to request a court date for the divorce after the year or is automatic
In Virginia, a divorce court date is not automatic. You need to request a court date by filing the appropriate form, such as a "Request for Ore Tenus Hearing" or "Notice of Hearing". Consult a local attorney for detailed steps.
Does she have to accept the court date or anything?
In Virginia:
- Your spouse is required to be served with the Notice of Hearing.
- If she doesn't show up on the court date, the hearing can proceed in her absence.
- It's essential to consult a local attorney for precise guidance.