Virginia seperation papers dating
After you file your papers, your spouse has 21 days (if your spouse lives in Virginia), 60 days (if your spouse lives outside of Virginia, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint.
If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly.
In addition, a spouse may waive service of process, but the waiver of service of process form must be signed in front of the clerk of the court.
The testimony of either spouse must also, generally, be corroborated by a witness.
One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce.
Back to Top In order to start the divorce process you must file a complaint in the circuit court where you or your spouse lives.[Code of Virginia; Title 20, Sections 20-99, 20-99.1:1, 20-107.3, and 20-109.1].Back to Top Adultery is sexual intercourse between a married person and someone other than the spouse.But cases have been dismissed and even overturned because of improper proof of residency. Among other legal considerations, you have to give the Commonwealth an acceptable reason why you should be allowed to break up.Back to Top A court may take on a divorce proceeding even if your spouse is not a resident of Virginia. The reason is known as the ground for your divorce.