Divorce - The Basic Steps in the Process

The Complaint:

A divorce case begins when either the husband or the wife files a paper with the court called a "Bill of Complaint for Divorce" and has it served on the other spouse. The party who files first is called the complainant and the other party is called the defendant. These names depend entirely on who files their paper first.

The Defendant has 21 days to file a paper called an answer. After the defendant files an answer, or the time passes without any action by the defendant, the case can proceed.

Pendente Lite Orders:

Either spouse can request a preliminary hearing to establish certain ground rules while the case is pending.  The question of who gets to live in the marital residence, who will have temporary custody of the children, whether the marital assets will be frozen while the case is pending, and whether support must be paid are resolved at that hearing.  The name for this is "pendente lite" relief and it stays in effect until it is modified or there is a final divorce decree.

Frequently, one party will be served with the bill of complaint for divorce and a "Notice of Pendente Lite Hearing." It is imperative that you appear at that hearing, preferably with a lawyer.  If you cannot hire a lawyer in time, go anyway and ask the judge to give you time to hire a lawyer.   

The Hearing:

Virginia Code Sections 20-91 and Virginia Code Sections 20-95 require that the specific grounds for divorce be present before a divorce decree can be issued.  Therefore, before the divorce decree can be entered, the court must decide whether there is sufficient evidence that the grounds for divorce exist.

The courts in Virginia use three methods for reviewing the evidence.  They include a hearing in open court, referral to a commissioner, and depositions. Which method is favored depends on the county or city.  As the result of policy changes, use of the commissioner method is declining.    

The commissioners are lawyers who receive a fee for hearing the evidence to be certain that the necessary grounds for a divorce are present. In some cases, the commissioner may take evidence on disputed issues. The commissioner then makes a report to the judge and, if he or she has made recommendations on disputed issues, the attorneys can object to them and ask the judge to disregard the commissioner's recommendations and make a different finding.

The Final Decree:

The final step is the issuance of a divorce decree by the court. That document sets forth all of the decisions the judge has made about property, support, and custody and says that the parties are divorced.