How to File an Uncontested Divorce in the State of Virginia
Married couples in Virginia can file for a quick uncontested divorce as long at they have lived separately for six consecutive months and one of the parties has lived in the state for at least six months. Most uncontested divorces in Virgina take advantage of the "no fault" grounds. In this type of divorce, neither party has to prove the other did something wrong; one of the parties simply has to say they want out of the marriage. An uncontested divorce means that both parties are in agreement about all of the issues.
Other People Are Reading
Things You'll Need
- Bill of complaint for divorce
- Answer
- Acceptance/waiver form
- Request for an ore tenus hearing
- Vital statistic form VS-4 (required in some counties)
- Copy of the marriage license (or a witness present at the marriage);
- Child support guidelines (for cases with children)
- Separation agreement
- Corroborating witnesses
- Final divorce decree
Instructions
-
-
1
Prepare the paperwork to start the uncontested divorce action in the Virginia county where one of the parties has lived for at least six months. The Fairfax county circuit court has an excellent packet for people filing their own divorce without at attorney. This packet includes the forms that need to be filled out and filed plus an overview of the process. These divorce forms can be used in any Virginia county.
-
2
Sign the paperwork. The person filing for the divorce will sign the original bill of complaint as well as the settlement agreement and any child support forms. The other party will sign the answer and acceptance/waiver form as well as the settlement agreement and child support forms. Some of the documents will need to be signed in front of a notary public.
-
-
3
Make copies of everything and take the original and one copy to the clerk of the circuit court in the Virginia county where the divorce action will be filed. Pay the filing fee to open the case. This fee is different in different counties, so be sure to call the clerk before going down to verify the filing fee and determine what types of payment are accepted.
-
4
Schedule an ore tenus meeting by filing the necessary legal document. Each circuit court has a list of documents that need to accompany this request for ore tenus meeting, so check with the clerk of court to determine exactly what is needed in your Virginia county. Usually, the following documents need to be included--draft Final Decree, draft form to resume a prior name, social security numbers and the name of the corroborating witness who will be present at the final hearing.
-
5
Receive a postcard in the mail confirming the date and time of your ore tenus hearing. The party who filed the divorce and a corroborating witness have to be present at this hearing, which lasts approximately ten minutes. The other party can be present. The corroborating witness must have personal knowledge of the marriage.
-
6
Attend the ore tenus hearing with your corroborative witness. Be sure to take a copy of your marriage license as well of copies of all the paperwork filed in your case. The judge will ask you and the witness some simple questions based on the filed documents. If you have done everything properly, the judge will sign a final decree granting your divorce at this hearing.
-
7
File the final decree with the court of circuit court and fill out any county-specific documents required when a case is closed. Ask for two certified copies of the final decree (there will probably be a small fee). Keep one for yourself and give one to your spouse.
-
1
Tips & Warnings
Make sure to be on time (early even) for the ore tenus hearing; it can negatively impact your case if the judge has to wait on you.
It's a good idea not to remarry until 30 days after your uncontested divorce has been finalized - this allows the appeals statute to toll.
References
Resources
- Photo Credit wedding rings image by Antonio Oquias from Fotolia.com
