2.13 DIVORCE DECREES—FINAL (A VINCULO MATRIMONII)
2.1301 Parts of a Decree. A circuit court decree disposing of an equitable claim is composed of the following parts:
A. Caption. The "caption" states the name of the court in which the suit is pending, for example, "Virginia: In the Circuit Court of the County of Albemarle."
B. Style. The style of the suit identifies the parties by name and distinguishes the suit from others. A divorce suit would be styled, for example, "Jane Doe, Plaintiff v. John Doe, Defendant."
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C. Case Number. The clerk will assign a case number to each suit that is filed. The case number is sometimes referred to as the "docket number." The case number identifies the particular suit and distinguishes it from all others. The number will remain with the suit until the conclusion of the matter, and all papers filed with the clerk's office should bear the case number so that the clerk can file the papers properly.
The circuit court exercises original jurisdiction in divorce matters. It may also exercise appellate jurisdiction over matters that have come before it on appeal from the juvenile and domestic relations district court. Sometimes, parties will agree to consolidate an appeal from the juvenile and domestic relations district court with a pending divorce matter. 270 In those instances, the order or decree entered by the circuit court should identify the consolidated suits both by their styles and by their case numbers.
D. Recitals. The introductory paragraph of each circuit court decree recites how the matter was brought before the court. This paragraph is referred to as the "recitals." The paragraph provides a summary of the procedural history of the case. It usually identifies the pleadings before the court, the manner in which service of process and notice were provided, and how evidence was received.
E. Preamble to Adjudication. In the preamble to the adjudication, the decree recites the facts found by the court and relied upon by it. This statement of facts usually begins with the words "it appearing to the Court that . . . ." In a divorce, the following facts are usually found in the preamble to the adjudication: 271
| 1. | The date and place of the marriage; | |
| 2. | The age of each spouse; | |
| 3. | The Social Security number of each spouse; 272 | |
| 4. | Facts satisfying residence and domicile requirements; |
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| 5. | The military or nonmilitary status of the defendant; | |
| 6. | The venue for the suit (where parties last cohabited, where the defendant resides, or where the plaintiff resides if the defendant is a nonresident); | |
| 7. | The names and dates of birth of any children; | |
| 8. | The essential facts establishing a ground for the divorce (for example, in a divorce based on a separation, the facts recited would include the date of separation, the intent to separate permanently by one of the parties, and that the separation has been continuous and uninterrupted); | |
| 9. | That there is no probability of reconciliation; and | |
| 10. | Identification of an agreement submitted to the court for incorporation into the decree, if applicable. |
F. Adjudication. The adjudication portion of the decree states the order of the court and the relief granted. It usually begins with the words "it is adjudged, ordered, and decreed that . . . ." Where one party prevails over another in a divorce suit, the adjudication will state to whom the divorce is granted and upon which ground and will go on to dispose of the pleading of the party that has not prevailed (for example, "and the Court finding that the Plaintiff was justified in leaving the marital home due to the cruel conduct of the Defendant, the Defendant's counterclaim is hereby dismissed").
A decree of divorce may include many forms of relief beyond the granting of the divorce itself. The court may adjudicate child custody and visitation claims, child support, spousal support, and equitable distribution of property. The change of a party's name, however, cannot be accomplished as part of the divorce decree. 273 In each instance, the court's decree should...
