Channelizing clients through the Virginia 2 party consent
The procedure associated with Divorce has never been easy. The parties will need to understand the basics and legal eligibilities even before filing for dissolution. This article will walk the reader through the vital steps and requirements associated with marriage termination and how we at the Law Office of SRIS. P.C., can guide our clients through.
In Virginia, stating the grounds is mandatory when filing for a termination of the marriage. The grounds can be either based on faults or may not involve faults. A faulty divorce would require the party to present evidence so as to support the claims. In addition to stating the grounds, the court of Virginia will also require the parties to live separately for at least 12 months. It does not mean that the spouses have to arrange for separate households but need to make arrangements to prove the lack of relationship with the partner. While contested cases may be complicated, an uncontested divorce can save from unnecessary stress. Most lawyers would recommend going for a Virginia 2 party consent divorce in order to avoid the stress and the amount of work involved with contested divorces.
Two categories of Divorces
Contested (Or) Virginia One Party Consent Divorce
When one of the partners is not in complete agreement with the conditions presented by the other spouse, then the nature of divorce would be considered as Contested or Virginia one party consent divorce. The partners may disagree with various elements including division of assets, allocation of parental responsibilities, custody of children, spousal support, etc. However, Virginia one party consent divorce poses a lot of challenges, and you can get through the difficulties with the help of experienced divorce lawyers.
Mutual Consent (Or) Virginia 2 Party Consent Divorce
Virginia 2 party consent divorce or a mutual consent divorce involves both the partners mutually agreeing over various important matters associated with dissolution. Whether it is about child support or spousal support, asset management, or financial division, the partners take unanimous decisions.
Everything That Needs to be Known About Virginia 2 Party Consent Divorce
By now, the parties may be well aware of the fact that the process can rip them off their energy as well as time. If they do not have a diligent attorney to support with legal guidance, they may find the process quite exhausting. This article will help the parties to understand the basics and eligibility factors associated with Virginia 2 party consent divorce.
What is Virginia 2 Party Consent Divorce?
Unlike Virginia one party consent divorce, a mutual consent divorce forgoes all complications associated with finance, custodianship, and support payments. Virginia 2 party consent divorce is possible only if the partners have settled all disputes and are in total agreement with all conditions. The parties must remember that even a slight disagreement could nullify their application for Virginia 2 party consent divorce.
Before rushing into the initial paperwork process, discuss with an attorney, understand the eligibility criteria, talk to your partner, and after having all important factors are sorted out, proceed with filing for dissolution.
Five Steps to Virginia 2 Party Consent Divorce
Step 1- Determine your Eligibility for Virginia 2 party consent divorce
Most people consider divorce as a long battle but in reality, if all conditions are met, they could obtain one within 2 weeks. For an application for Virginia 2 party consent divorce, they must fulfill the following stated requirements:
- Both the partners must have lived separately for at least 6 months. If minor children are involved, the separation period must be not less than 12 months.
- One of the partners must be a resident of the Commonwealth of Virginia
- Both the partners must agree on conditions regarding asset and property division.
- There should be a clear agreement over custodianship and visitation rights.
- Virginia 2 party consent divorce cannot be a faulty divorce. The grounds have to be no faults in order to apply for Virginia 2 party consent dissolution.
If the parties do not agree with over even one of the issues pertaining to dissolution, then they cannot choose to file for a Virginia 2 party consent divorce.
Step 2: Submit Bill of Complaint to Your Local Circuit Court
Once the parties satisfy all the requirements of Virginia 2 party consent dissolution, they should consider submitting a bill of complaint to the local circuit court.
The bill of complaint is a document that includes information about the following:
- Resident information of both the partners along with proofs
- The date and time of marriage
- The names of minor children (if any) along with their date of birth
- A written statement that both the partners are above 18 years and have good mental health.
- Proof of military status
- A written statement on no past incarceration.
Along with the bill of complaint, the parties will be required to submit a VS-4 form to the clerk of the court. The VS-4 form will carry the same information as the bill of complaint and will be used to officially report the case to the Department of Vital Records.
Once both the forms are submitted, the clerk of the court will issue a Case Number that will help identify the dissolution case in court.
Step 3: Notice to the Other Party
The next immediate step would be to serve your partner with the Divorce papers; this process is legally termed the Service of Process.
Do I need to Serve the papers in Virginia 2 party consent dissolution? Well, Yes! Irrespective of the type of divorce, you will be required to serve your partner with the papers.
Next, it is important that you serve the papers in the right manner. The best way would be to approach the Sheriff’s office and request to hand over the papers to your spouse in person. You can even get help from your lawyer to serve the papers on your behalf. A sticky note on the fridge, an email, or a voice message over the phone cannot be considered as Serving of papers.
Once the papers of Virginia 2 party consent dissolution are served, your spouse will have 21 days to send their consent. The court would automatically declare the case as Virginia 2 party consent dissolution if the other spouse fails to contest within the given time.
Step 4: Hearing
Next, the client needs to decide how they would have the Virginia 2 party consent dissolution heard.
There are 2 options;
- There can be request for an oral hearing with the Judge or Commissioner
This works best when the application is for Virginia one party consent divorce. You will need a second pair of eyes to look over the facts associated with divorce. Make sure to have all pieces of evidence documented before attending the hearing.
- Proceed with Divorce by Affidavit or Deposition
This works for Virginia 2 party consent divorce cases. When both the partners are in total agreement over important rights and conditions, then they can just submit some documents or recordings to the Clerk of The Court and have the case resolved without having to attend courtroom discussions.
Step 5: The Final Order
Once the spouses have submitted all the important documents, they will just need to wait for the court to give its final verdict. For mutual consent dissolutions, the court will orally give divorce orders at the end of the hearing. The judge will issue a Final Decree of Divorce, which will then terminate the marriage completely. The order will be mailed to the parties once it has been officially signed.
The divorce process in Virginia can be quite complex. The Law Offices of SRIS, P.C. supports the client’s cause and designs a legal strategy to bring favorable results.