Divorce, custody, child support and alimony are matters of state law. In a divorce, issues of alimony are decided by the judge in a trial, or agreed on by the parties in a Separation Agreement.
Virginia lists several grounds for divorce in its statutes, including:
(1) adultery;
(2) conviction of a felony and sentence to prison;
(3) cruelty [usually meaning repeated physical abuse];
(4) desertion at least one year ago; and
(5) "living apart" , the no-fault ground, which means living apart continuously and permanently for one year (or six months, if you have no children and a Separation Agreement).
The essential steps in the divorce process of family law are:
(1) The "Bill of Complaint for Divorce" is filed by one spouse, who is called "the Complainant", and is served on the other spouse, "the Defendant," by a process server, or by the other spouse signing an Answer, a Waiver or an Acceptance of Service, or by other legal means of Process Service.
(2) After the Defendants "Answer" is filed, or 21 days have passed without the filing of an answer, the complainant's lawyer can file to have the case referred to a "commissioner in chancery" for a hearing on the grounds of the divorce. The commissioner, after hearing the evidence, will file a recommendation that the judge grant a divorce.
(3) If there is any disagreement on matters of custody, these matters must be heard by a trial judge in open court, before the divorce decree can be signed by the judge. One of the spouses' lawyers drafts the divorce decree.
(4) If there is no dispute about the grounds of divorce and everything has been agreed upon, a draft decree is then filed with the judge, who often has law clerks review its wording.
(5) When the final decree is signed by the judge, the spouses are divorced.
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