So you have decided to file for divorce. You may think your next step is simply to start filling out your Complaint for Divorce with the circuit court.
However, completing a few steps before you file can help you prepare for the potential challenges in this process. Let this Virginia divorce checklist be your guide as you prepare to file.
1. Ensure That You Meet the Divorce Requirements
Virginia has unique requirements that you must meet before you can file for divorce. If you are the one filing, you must show proof that you have lived in Virginia for the last six months, preceding the filing. This evidence can include bank statements that show your address, your driver’s license, or other relevant documentation.
If you are filing for “no-fault” divorce, you and your spouse must have resided separately from each other for a minimum of one year. This timeline can be shortened if you have no minor children and have entered a Separation or Property Settlement Agreement.
Otherwise, you must prove grounds for divorce, which include adultery, abandonment, conviction of a felony, and cruelty.
2. Gather All Relevant Documentation
Divorce is a legal process that requires you to present a range of documentation. Gathering these documents as part of your Virginia divorce checklist can help you streamline the process after you file.
Start compiling all of these documents:
- Passport and/or driver’s license
- Social Security card
- Marriage certificate
- Birth certificates for children from the marriage
- Paystubs and proof of income
- Bank statements
- Previous years’ tax returns
- Credit card statements
- Titles for cars, homes, or other assets
You may need these documents to help with inventorying assets, proving income, and providing personal identification to the court.
3. Inventory Your Assets
One of the major steps in the divorce process is dividing marital property and assets between you and your spouse. This begins with creating an inventory of all your assets.
Your Virginia divorce checklist might include developing this inventory now to streamline the divorce process. Your inventory should generally include:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Personal property
- Debts
Support each item on the list with photos and any relevant documents, like statements or deeds. You should also note the approximate value and acquisition date of each asset.
4. Create a Written Statement Explaining Why You Want To Divorce
When your attorney files for divorce, you will need to state whether you are choosing a no-fault divorce or citing specific grounds. Attaching a written statement with the initial filing documents may be helpful to provide context for why you want to divorce.
Include a few details about what happened during your marriage and what prompted you to file. If you are citing marital misconduct, such as adultery, you should include any documentation you have of this behavior.
5. Hire an Experienced Divorce Attorney
Working with a divorce attorney can help you understand your rights and options throughout the process. It is generally advisable for you and your spouse to each retain your own legal counsel rather than working with a shared attorney. Your lawyer can help advocate for your rights and guide you through the legal process.
Be sure that the attorney you choose has experience specifically with divorce cases and practices in Virginia. If your case has any special considerations, such as adultery or child custody, looking for an attorney with experience in these areas can also be helpful.
Request Assistance With Your Virginia Divorce Checklist From Holcomb Law, P.C.
Completing this Virginia divorce checklist can help you feel more confident entering the divorce process. Holcomb Law, P.C., represents clients across Virginia who are navigating divorce and other family law matters. Request a no-obligation consultation today by calling 757-LAWYERS
