Divorce Information

Guide To Uncontested Divorce in Virginia

Divorce is never an easy life event, but it is possible to be handled entirely peacefully. This optimal type is called an uncontested divorce. In an uncontested divorce, the two spouses reach an agreement on all pertinent issues, preventing it from turning into a trial before a judge. Perhaps more importantly, an uncontested divorce is usually far less expensive than a contested one. This, understandably, relieves a lot of the stress and pain of the divorce. If possible, it is always in your best interest to pursue an uncontested divorce. So, how do you go about getting an uncontested divorce in Virginia? Let’s look at the process. This blog will provide a loose overview of the uncontested divorce process in our state, so if you’re left with questions after reading, don’t hesitate to contact a local family law attorney for further advice.

Requirements for Uncontested Divorce

Whether you have children or not, you are entitled to an uncontested divorce in Virginia. However, some starting conditions must be met for you to proceed. First and foremost, both spouses need to agree on a number of key issues. These include the following:

● Child custody and visitation arrangements

● Child support, including insurance coverage

● Division of real estate and property

● Division of assets and debts

● Alimony or other spousal support

● Any other necessary issues particular to your marriage

Once you’ve made an agreement on these important issues, you need to make sure that you meet a handful of other criteria before you can begin the actual process of filing for your uncontested divorce. In addition to resolving the issues listed above, you’ll need to ensure the following:

● You or your spouse have been residing in Virginia for at least 6 months

● You are seeking a no-fault divorce

● You and your spouse are separated and living in separate residences

Once these conditions are met, you can proceed by filing the required forms, which we will mention in a moment. Note that the spouse who files the paperwork will be called the “plaintiff” while the other spouse will be the “defendant,” but these are merely technical terms, not a judgment.

Getting Started

You’ll need to fill out a Bill of Complaint for Divorce. Obtain one at your local courthouse or county website. Filling out the form should be self-explanatory, using basic information about yourself and your marriage. Take your completed and signed Complaint to the circuit court for filing - this means using the county where your spouse lives, the county where you both last lived together, or your own county if your spouse is no longer a Virginia resident.Next, you’ll need to prepare a waiver for your spouse to sign. This is also available through the commonwealth’s legal aid services, in the local court building or online. This waiver indicates to the court that your spouse is not opposed to the divorce and that he or she does not want to receive official notice of your complaint by the county sheriff. Basically, it keeps things running as smoothly as possible.

File All The Paperwork

At this point, there’s going to be a lot of paperwork to get through. Along with your divorce paperwork, you’ll have to file the following documents:

● Petition for Divorce

● Acceptance or Waiver of Service

● Stipulated Agreement

● Hearing Request Form or Request to Have Divorce Heard by Affidavit

● Summons

● Findings of Fact and Conclusions of Law

● Decree of Divorce

● Confidential Identifying Information

Additionally, if you share children under age 18, you’ll need the following documents too:

● Parenting Plan

● Child Support Order

● Financial Affidavit

That seems like a lot, but don’t despair: with the paperwork filed, you’ve got most of the heavy lifting done. Be sure to note that the necessary paperwork to complete your divorce in Virginia can vary from county to county, so depending on where you live, you may need additional forms to those listed above. Always check with your local court clerk to be sure you’re not missing anything important.

Completing the Divorce

Depending on how you specifically filed, your divorce will proceed as soon as possible at this point. If you filed the Hearing Request Form, then you’ll meet in court as the judge’s schedule allows. If you’ve followed the directions above, your spouse has likely accepted service and waived answering the divorce complaint, so the divorce should be handled very quickly.If you filed a Request to Have Divorce Heard by Affidavit, then you won’t even have to go to court at all, which is pretty convenient. In this case, the divorce is heard by affidavit, so neither spouse needs to step into court together. Because Virginia does not have a set legal timeline on how long spouses must wait for divorce, you’re as good as done.

Of course, every divorce is unique and every situation has its own wrinkles, so if you are looking into an uncontested divorce in Virginia, you’re probably going to have some questions. Contact our office to schedule a consultation!