Virginia Divorce ~ Definitions of Terms Used In Divorce
This collection of definitions will help you understand some specific terms in the Virginia Divorce laws, process and paperwork when dealing with divorce.
Filing Party Title:
Petitioner
The spouse who will initiate the divorce by filing the necessary paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the divorce with the court.
Court Name:
Circuit Court of ___________ County, Virginia
The name of the court in which a divorce is filed in the state of Virginia. Each jurisdictional court normally has a domestic relations or a family law section.
Document Introduction:
In Re the Marriage of:
The lead-in caption used in the legal header of the documents filed with the court. This introduction typically prefaces both spouse’s names.
Initial Divorce Document:
Petition for Divorce
The title and name of the legal document that will begin the Virginia Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document in all cases.
Final Divorce Document:
Decree of Divorce
The title and name of the legal document that will finalize the Virginia Divorce process. This document will be signed by the judge or master of the court to declare your marriage officially terminated.
Clerk’s Office Name:
Office of the Clerk of the County Circuit Court
The office of the clerk that will handle the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.
Legal Separation:
The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of Virginia for at least 1 year prior to filing for legal separation.
Property Distribution:
Equitable Distribution
The applicable Virginia law that will dictate how all assets are to be divided upon Divorce.