How to File an Uncontested Divorce in the Commonwealth of Virginia

By Beverly Bird

A Virginia uncontested divorce is one in which you and your spouse agree that you’re not going to involve the court any more than is necessary. The judge will grant you a divorce based on your own agreements as to how to you're going to provide for your children and divide your debts and property. Virginia requires that you or your spouse have lived there for six months before you can file. If you're on active duty in the military and you're stationed in Virginia, this counts as residency.

A Virginia uncontested divorce is one in which you and your spouse agree that you’re not going to involve the court any more than is necessary. The judge will grant you a divorce based on your own agreements as to how to you're going to provide for your children and divide your debts and property. Virginia requires that you or your spouse have lived there for six months before you can file. If you're on active duty in the military and you're stationed in Virginia, this counts as residency.

Step 1

Prepare a Bill of Complaint for Divorce, available through the commonwealth’s legal services organizations, as well as their websites. The form is self-explanatory and involves filling in basic information. Virginia has five fault grounds, but you must prove them to the court, so they may not be appropriate for an uncontested matter. You can file on no-fault grounds of a year’s separation, or six months if you don’t have children.

Divorce is never easy, but we can help. Learn More

Step 2

Take your completed and signed complaint to the circuit court for filing. You can use the court in the county where your spouse lives, the county where the two of you last lived together, or your own county if your spouse is no longer a resident of Virginia.

Step 3

Prepare a waiver for your spouse to sign, also available through the commonwealth’s legal aid services. The waiver indicates that he is not opposing the divorce and that he does not want to receive official service of your complaint by the county sheriff.

Step 4

Ask any person over the age of 18 to give your spouse a copy of your filed complaint and the waiver; the law doesn't allow you to do it yourself. The person you ask should bring the signed waiver back to you so you can file it with the court. It will tell the legal system that your matter is uncontested.

Step 5

Calculate the appropriate amount of child support for your situation by completing a child support guidelines worksheet. These are available from the court clerk. The worksheet will tell you how much child support a judge would order if your matter were contested and you went to trial.

Step 6

Prepare a property settlement agreement, detailing all the terms of your divorce. Be comprehensive: You must address and come to consensus with regard to every issue between you, such as the division of your property and debts, a parenting plan addressing custody and visitation, the amount of child support you arrived at through the worksheet and spousal support, if applicable. The term “property settlement agreement” does not mean that the agreement relates only to your property. Both you and your spouse must sign the agreement and you must have your signatures notarized.

Step 7

Attach the property settlement agreement to a proposed divorce decree and state in the decree that the agreement will control all issues between you and your spouse. You can also find a sample form for a decree through Virginia’s legal aid services.

Step 8

Call the court and schedule an “ore tenus” hearing, which is a type of hearing in which you verbally make your request for a divorce.

Divorce is never easy, but we can help. Learn More
How to File for Divorce in Virginia Without a Lawyer

References

Related articles

How Long Do You Have to Wait to Get a Divorce in DC?

If you want your divorce case to move quickly, you and your spouse should try to come to an agreement regarding all issues of your divorce, including the division of marital property and child custody arrangements. In Washington D.C., an uncontested divorce, in which the spouses are in agreement, generally takes two to three months from the date you file the divorce complaint to be finalized. In contrast, a contested divorce, in which the spouses cannot come to an agreement on their own but need the court’s assistance, can take 18 months or longer.

Divorce Decree Information in Virginia

Virginia offers two types of divorce: a bed and board divorce, which offers separation but not complete legal end to the marriage, and matrimonial divorce, which ends the marriage completely. Both types require residence in Virginia, as well as adequate grounds for divorce. Once these grounds are proved, the judge will issue a decree of divorce, which dictates what the spouses must do about alimony and property distribution.

How to Do Your Own Divorce in Michigan

As a no-fault divorce state, Michigan grants your request for a divorce without the need to prove fault. The only required grounds for divorce that you must prove in your complaint is a breakdown of your marriage, beyond repair. If you and your spouse agree to a marital settlement agreement, the court does not raise the issue of fault. However, if you and your spouse fail to reach an agreement on property division or spousal support, the court uses fault as a determining factor to resolve those issue.

Get Divorced Online

Related articles

How to File For a Non-Contested, No Children Divorce in Alabama

Non-contested divorce, commonly referred to as an uncontested divorce, does not depend on whether you have children. ...

How Long Does the Divorce Process Take After the Deposition in Virginia?

Your depositions -- formal statements, either oral or written, that carry the same importance as testimony in court -- ...

How Do I File for Divorce in Ohio?

In Ohio, the word “divorce” applies only to contested matters. If you and your spouse already know how ...

How to Get Divorced in Ohio

If you are considering divorce, you may be facing a struggle for custody of your children or perhaps considering how ...

Browse by category