Divorce 101: Getting Divorced in the Virgin Islands Part 2: Filing for Divorce
Welcome back to our Divorce 101 Blog Series! This is PART 2 in which we will discuss the actual process of filing for divorce in the U.S. Virgin Islands. If you haven’t already, please check out PART 1: Eligibility and Requirements.
Now that you have read about the requirements for filing for divorce in the U.S. Virgin Islands, you’re probably wondering how to get started.
Retaining Counsel
First things first, we strongly recommend that you retain counsel. Though there are many guides and DIY tips and tricks out there, you wouldn’t ask a plumber to do your brain surgery and expect the best result, would you? Family matters are often the most important and sometimes the most stressful moments in a person’s life. The last thing you want is to make a mistake that could cost you a whole lot more than an initial retainer payment.
With over 35 years of Family Law practice in the U.S. Virgin Islands, Attorney Evert is highly experienced in successfully navigating tense and sometimes messy situations. Her aggressive approach to high-conflict matters such as custody and asset distribution combined with her excellent negotiation skills and extensive courtroom experience will give you the confidence you need and the results you want. While her mediation-first approach is likely to get your case settled prior to entering the courtroom when it’s time to fight, she fights to win and you can rest assured you are in highly respected and capable hands.
Filing Papers
Once you have ensured that you meet the 6-week requirement and feel confident in your representation, divorce papers will be drafted, filed, and sent (or “served”) to your spouse. “Divorce papers” in the Virgin Islands are a petition, summons, and a couple of other administrative documents. There is also a $75 filing fee for our jurisdiction. The Verified Petition for Divorce will be the initiating document in which you ask the court for a divorce.
Along with the Petition, the Virgin Islands requires that an Affidavit of Witness is signed, notarized, and submitted on the same day that the Petition is signed and filed. This can be tricky so please pay attention and do NOT skim over this part! Your Petition must be signed and notarized on the SAME DAY that it is filed. That date must also be the date that the Affidavit of Witness is signed and notarized. All three of these dates must be the same: Petition, Affidavit of Witness, and the date of filing.
The Affidavit of Witness is a document that states that you have been in the Virgin Islands for at least six weeks up to the date of filing. Your witness is essentially saying “Yes, I know this person. Yes, they’ve been in the Virgin Islands for six weeks.” Your witness must be over the age of 18 and of sound mind.
Getting a Response
Once the initiating documents are filed and your spouse is served, they will have a set period of time to respond. The response to the Petition is called the Answer. Your spouse will file an Answer (or response to your Petition) that will state whether they agree or disagree with the claims made in your Petition.
Ideally, you and your spouse will be in amicable agreement over what, if anything, requires equitable distribution. We understand that family matters are not always ideal, sunshine, and rainbows. If your spouse disagrees with anything that was included in the Petition, the Answer is their opportunity to formally advise you and the Court that they are in disagreement. Are you still with me? Retain counsel, counsel drafts papers, your papers are filed, your spouse is served, and your spouse files an Answer. See? Easy peasy.
Based on the Answer and what the Court must equitably distribute (e.g. real property, personal property, marital debt, retirement funds, joint bank accounts, etc., or custody issues pertaining to minor children of the marriage) the divorce with either be contested or uncontested. These are the two types of divorce in the U.S. Virgin Islands.
CONTESTED DIVORCE: you have minor children with your current spouse and a custody agreement is needed, and/or you have marital property, (real estate or personal), or marital debt that needs to be equitably distributed by the Court.
UNCONTESTED DIVORCE: there isn’t anything that requires equitable distribution. You and your spouse agree on exactly how to divide all assets and debts, how to divide real property, and how to divide personal property, and you also agree on legal custody and physical custody of your minor children.
More often than not, there is at least one issue that is contested. If you are unsure of whether your divorce is likely to be contested or uncontested click here to schedule a consultation with Attorney Evert.
Getting divorced
If you’re concerned that your spouse will not cooperate in the divorce proceedings, don’t fret. You have options! Remember: if you want a divorce, you can get a divorce. A contested divorce is not the end of the world. The only variable will be HOW you get divorced. If your spouse doesn’t file an answer, moves to a different country, blocks your number, or joins a circus in Thailand, you can still get divorced! There are a variety of remedies that you can discuss with your counsel once you hit a “roadblock” on your journey to singledom. Fortunately, Attorney Evert has seen it all and has successfully worked through all kinds of scenarios.
Each and every family law matter has its own unique set of circumstances that directly affect the timeline of events, the approach taken by counsel, and the resources necessary to resolve the matter. While we wish we had a crystal ball to tell you exactly how long it will take, who will get what, or how much it will cost, that’s just not the case. If you would like to know more about the process, please give us a call at 340-774-2830 or click here to book a consultation with Attorney Evert.
