File Your Own Virginia Divorce

You will need to file for either type of divorce in the county where you or your spouse lives. Because of the different types of divorce and the grounds for divorce in Virginia, the style of the divorce petition can be complicated. You have several options. For an uncontested divorce based on separation of 6 months for childless couples and 12 months for couples with children, you can use the divorce petition generator from Legal Aid of Virginia. These forms have been created and vetted by lawyers familiar with the laws of Virginia.

Some courts have fill-in-the-blanks form packages for sale. However, these packages will likely be for uncontested divorces based on separation. You can attach the separation agreement you and your spouse have been living under to the petition. For a fault-based divorce that is likely to be contested, it is highly recommended that you contact a family law attorney.

Even if you don't hire them for representation, Virginia law allows attorneys to provide document preparation services. Fault-based divorce petitions must include properly pleaded allegations of the grounds that can pass the court's scrutiny. If you are seeking a divorce from Bed and Board, you should seek legal advice and assistance with document preparation. This interim divorce not only lets you circumvent the waiting period, but also allows you to maintain benefits such as employer health insurance through your absent spouse.

It must be pleaded carefully and correctly. Verify that your petition covers all subjects. While a petition can be amended, it is better to cover everything in the first document. You will be serving this document on your spouse. Amended petitions will require either agreement or new service. If your spouse moves or fights you, getting new service on an amended petition can be difficult. Not only will you need to decide how to divide up your real estate and vehicles, but also your investments, bank accounts, household goods, sentimental items, retirement accounts, and any other personal property.

Generally a party who will keep a piece of property which is securing a loan, such as a car or house, will also keep the debt that goes along with such property. Child custody and visitation. If you have minor children, you should try to come to an agreement on both physical and legal custody, as well as visitation for the noncustodial parent. Physical custody refers to where the child lives.

Legal custody to the parent who can make certain decisions for the child such as where he will go to school, church, or what doctors he will see. In the state of Virginia, there is a presumption that one or both parties should pay child support, even in shared custody cases. To be sure that the court accepts any agreement you reach on the payment of child support, use the forms and calculations provided by the Virginia Courts. Before you file and serve your divorce petition, think about trying mediation.

During a divorce mediation procedure, an impartial third party will help you and your spouse reach an agreement on the issues relating to your divorce. Try looking in the Yellow Pages, or you might ask your therapist or attorney for advice. During these meetings, the mediator will guide you through discussions about the divorce.

File and serve your divorce petition. You can file the petition in either the county where you live or where your spouse lives.

Here are some answers to frequently asked questions about getting a divorce in Virginia.

If the divorce is uncontested, you and your spouse can both sign the papers and attach a waiver of service form. You must pay the fee at the time of filing or the clerk will not accept it. Ask the court clerk how to proceed in forma pauperis and file the appropriate form and financial information. Attend your court hearing. If you and your spouse have agreed and both signed all of the documents, your court hearing should be short and to the point.

The judge will review the documents and agreements and ask you and your spouse some questions. If your spouse does not attend, the judge will enter the orders as agreed. If the divorce is going to be contested, the judge will schedule additional court dates, leading up to the trial. Give yourself plenty of time to get to the courthouse, park, and find the courtroom. If you are not there when your case is called, it may be rescheduled or shuffled to the end of the docket. Many judges do not allow young children in the courtroom and they cannot be unattended in the hall.

Stand when you are questioned and answered clearly so the court reporter can hear you.

If you do not understand a question, ask the judge to explain. Receive your divorce decree.

Your divorce is final when the judge signs the decree and it is filed by the court clerk. You will need copies of the decree for property transfer, name change, and other legal changes after your divorce. My spouse and I did not live in the same house, he lived in the garage on the propety and there was no cohabitation for over 10 years. Does this constitute a separation? The garage has the same address as the main house, right?

As the article above states, living in separate areas of the same residence does not count towards your separation. You MUST establish and be able to prove separate addresses. Not Helpful 0 Helpful 1. What if my spouse has been gone for over 10 years and I don't know where he lives?

Try Staples or Office Depot. Some states allow for self-filing, while others do not. What should I do if my husband wants a divorce, but refuses to file for one and wants me to do it instead? Tell him that if he wants a divorce, he can file for a divorce. It's his choice and he can manage his own affairs. If he refuses to file, then he obviously doesn't want a divorce that badly. Not Helpful 1 Helpful 1. I just found out my husband had an affair 33 years ago. It lasted over two years and he has two children from it.

Can I file on grounds of adultery? Not Helpful 0 Helpful 0. I bought a house before we got married,s the house still mine if we divorce?

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Answer this question Flag as Which divorce forms should I serve my husband with? My wife lives in another state but she do not want to sign the divorce form, what I need to do? We live in the same house but not as a married couple.

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We have seperate sleeping arraingements and no sex has happened in over 10 years. Can't this qualify as living seperate?

How to File an Uncontested Divorce in the Commonwealth of Virginia | LegalZoom Legal Info

How do I transfer a property deed when it was jointly owned? Include your email address to get a message when this question is answered. Already answered Not a question Bad question Other. By using this service, some information may be shared with YouTube. Warnings Obtaining a divorce without consulting an attorney may result in a loss of property, child custody, spousal support, or child visitation rights.

Before signing anything that may affect your legal rights and obligations, you should consult with a licensed attorney. Did this article help you? Cookies make wikiHow better. By continuing to use our site, you agree to our cookie policy. Compared to other states, the divorce rate in Virginia sits somewhere in the middle. Virginia allows fault and no-fault divorce. There are several grounds that allow for an at-fault divorce where you can state that your spouse is responsible for the ending of the marriage.

The Divorce Process in Virginia - FAQs

These include adultery and conviction of a felony that results in imprisonment for at least one year. Virginia requires that at least one spouse be a resident of the state for six months before filing for divorce. It is important to be certain that you and your spouse meet the requirements of an uncontested divorce in Virginia before you begin filling out your divorce papers.

If you meet all of these criteria, you can begin obtaining the required Virginia divorce papers and filling them out. You will need to seek your documentation and file with the county where you or your spouse reside. You may be able to find a website for your county court, or you may have to make a trip to the court to obtain hard copies of the documents.

Make sure to review your county website thoroughly, or discuss your needs with the county clerk, to ensure you fill out all the right forms. To simplify the often confusing process, many couples in Virginia seek the assistance of online divorce paper preparation services. Our service identifies the forms required for your circumstance and our experts provide the assistance required to fill out the forms completely and accurately.

When you have identified the county court you will file with and you have completed your Virginia divorce papers online or otherwise, you can present them to your county clerk. You will want to make copies of your documents — one for your records, one to give to your spouse and one to present to the clerk. Some forms may need to be notarized, so it is best to wait until you get to the court to sign the documents. Most courts have a notary public on hand that you can use, although you should call ahead to verify. Virginia offers a Circuit Court Civil Filing Fee Calculator , where you can determine what your state filing fee will be.

Preparing Your Forms

If you do not have the money for the fee, you may be able to get the fee waived. Virginia requires that your spouse receive copies of the divorce papers. If he or she will agree to take the paperwork, your spouse can complete an Acceptance of Service form, which must be given to the court. Otherwise, you can have a deputy sheriff or a private process server company deliver the documents, or you can post the documents on the residence of your spouse.

You can also serve one of your spouse's family members, as long as he or she is over years-old. When all your divorce documents have been submitted, you and your spouse will need to attend a final hearing.

This hearing is known as an Ore Tenus Hearing, where you bring copies of your divorce documents and a witness. The judge will listen to the testimony of you and your witness, and if everything is satisfactory, he or she will sign the divorce decree. You are qualified to use CompleteCase. To begin the process to complete your official forms online, please press the "Continue Button" below.

Please note that although you are currently not in agreement with your spouse regarding the divorce, you will need to agree before you get your divorce paperwork.