How to file for divorce in Virginia
Each county in Virginia varies in procedure to follow to obtain a divorce. Most counties in Virginia have the forms available for free at the county clerk's office. Some also have forms available online. A packet of forms may be available to you at your local family court if you need assistance.
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Things You'll Need
- Addendum
- Final Order
- Request for Ore Tenus
- VS-4
- Waiver of Service
- Acceptance of Service
- A self addressed stamped envelope
- Complaint for Divorce
- Cover Sheet
Instructions
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Obtain a packet of divorce forms from the courthouse or online. The forms must be specific to Virginia and to the county you live in.
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2
Completely fill in all the forms in the appropriate blanks, which ask for some demographic information and details about your marriage. Sign the Cover Sheet and Complaint forms.
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3
Make 2 copies of the Divorce complaint and one copy of the cover sheet, acceptance form and waiver form.
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4
Submit your completed documents to the clerk of the court and receive a VS-4 form to fill out and sign. If you want to file by mail instead, you will need to request that a VS-4 form be mailed to you.
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Pay the filing fee and the clerk will give you a case number to write on all of your paperwork.
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6
Mail one copy of the complaint and the original Waiver and Acceptance form to your spouse via certified mail. Advise your spouse that the copy of the complaint is for him to keep and that the waiver and the acceptance forms must be signed in front of a notary and mailed back to you so that you can file them with the court.
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Make one copy of everything your spouse sends you for yourself to keep. The originals will go to the court.
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8
Complete the Addendum form by writing both of your Social Security numbers in the spots provided along with your dates of birth. Sign the Addendum and Request for Ore Tenus hearing. Make one copy of all of these for your record and mail the originals to the court.
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Obtain a date and time for the Ore Tenus hearing. Take your witness with you in case they need to testify as to the length of separation. The judge will enter the decree for divorce at this time.
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