Contemporary Virginian society seems to be in a state of flux, where the economy is adopting the latest business trends, challenging the traditional value system built around cotton and tobacco. As far as the historical references are concerned, Virginia affiliates to more or less conservative moorings. In the past, it was considered illegal for the adult couples to live together without marriage. Though it is not so today, still Virginia happens to be among the seven states, which still criminalize cohabitation by opposite sex couples, at least theoretically. However, with the current onslaught of technology, this belief system seems to be redundant. Virginia has the highest concentration of technology workers, compared to other states. In 2006, computer chips became the state’s biggest export. Embracing a techno-based economy will certainly unleash novel ethics and personal preferences in the state. Hence there is an urgent need to gear up the Family Laws, so as to accommodate the inevitable changes expected in the future.

In order to procure a divorce in Virginia, certain residency requirements are to be met. Either of the spouses must have been a resident of Virginia, for six months prior to the filing of the divorce. The divorce may be filed in: (1) the county or city in which the spouses last lived together; or at the option of the plaintiff; (2) the county or city where the defendant resides, if the defendant is a resident of Virginia; (3) if the defendant is a non-resident of Virginia, the county or city where the plaintiff resides (Code of Virginia; Title 8.01- 261; and Title 20, Sections 20- 96 and 20- 97).

20- 91 The valid grounds for divorce in the Commonwealth of Virginia are:

(1) Adultery: For adultery, or for sodomy or buggery committed outside the marriage.
(2) Conviction: Where either of the parties subsequent to the marriage has been convicted of felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights).
(3) Cruelty: Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act.
(4) Separation without Cohabitation: On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In case the two parties have entered into a separation agreement and have no minor children, a divorce may be granted on application, if the spouses have lived separately and apart without cohabitation and without interruption for six months.

The divorce process begins with the filing of a “Bill of Complaint for Divorce” by one of the spouses. The spouse who files the complaint is called the “complainant” and the other spouse is called the “defendant”. This complaint is then served on the defendant through appropriate means. The defendant has 21 days to file an answer. After the defendant files an answer, or 21 days pass without any action by the defendant, the complainant can request to have the case referred to a “Commissioner in Chancery” for a hearing on the grounds of divorce. The commissioner after hearing the evidence makes recommendations to the judge, to which the attorneys can object to. If the spouses tend to differ on some or all of the vital issues related to the case, it calls for a hearing by the judge in an open court. Either of the spouses can request for a “pendente lite” relief or a preliminary hearing, to establish ground rules regarding child custody, spousal support, freezing of assets, etc. while the case is pending. The final step is the issuance of a divorce decree by the court, which sets forth all the decisions made by the court regarding custody, visitations, support, property, etc.

Virginia statutes provide for an “equitable” distribution of the marital property between the parties. Under Virginia’s system of “equitable distribution”, the court is not required to divide the marital property on an equal basis. Instead, it considers various factors listed in the Virginia equitable distribution statute before giving a verdict. The court may award spousal support in periodic payments and/or in lump sump after weighing various factors such as age of the parties, assets, earning potential, duration of marriage, etc. The parties may also seek “reservation” of the right to seek spousal support in the future.

While considering granting of child custody, the court is guided by one standard i.e. the best interest of the child. The court may grant a “joint legal custody” or “sole legal custody” after considering various factors such as the age of the parents and the child, physical and mental condition of the parents and the child, wishes of the child of a sufficient age, etc. Regarding child support, the court takes into consideration the needs of the child and the ability of the supporting parent or parents, as per the state child support guidelines. The child support amount may be changed in case of any change in the needs of the child or the material status of the parents.

Virginia, no doubt, has a high divorce rate, which has somewhat declined from 4.4/1000 population in 1990 to 4.3/1000 population in the year 2000. However it has stabilized around 4.0/1000 in the year 2004.

James Walsh is a freelance writer and copy editor. For more information on getting a Divorce using online services seehttp://www.quickie-divorce.com