Seeking an uncontested divorce in Virginia? This guide clarifies the steps, benefits, and legal aspects involved in a smooth and cost-effective divorce process.
What is an Uncontested Divorce?
It’s a divorce finalized without a courtroom trial. Both spouses agree on all terms beforehand, minimizing stress, delay, and costs.
Before Filing:
- Reach agreement: Settle property division, support, and (if applicable) child custody & visitation. Legal advice is crucial to ensure fairness and compliance.
- Draft a Settlement Agreement: A lawyer can create a written document outlining agreed terms, protecting your interests.
Filing for Divorce:
- File the Complaint: One spouse initiates the process by filing a legal document in the appropriate court.
- Separation Timeline: Don’t file before the separation requirements are met. The required separation period depends on your situation:
- 1 year without children or no settlement agreement.
- 6 months with no children and a signed settlement agreement.
- Separation Timeline: Don’t file before the separation requirements are met. The required separation period depends on your situation:
Fees and Forms:
When filing for an uncontested divorce in Virginia, also be sure to include:
- A civil cover sheet
- Addendum for Protecting Identifying Information
- Settlement agreement (if applicable)
- Name change order (if applicable)
- VS4 form
- This must be obtained from the court clerk’s office and filled out by hand
- A check to cover the applicable filing fees – Virginia Circuit Court Civil Filing Fee Calculator
- A check to cover applicable fees for a name change (if name change requested)
- Check with the Circuit Court Clerk’s office to find out the local fee
Defendant’s Response:
- Acceptance/Waiver of Service of Process (common): Faster, simpler option where the defendant acknowledges the complaint and waives service. See Virginia Code § 20-99.1:1
- Answer (uncommon in an uncontested divorce): Defendant can contest specific aspects, requiring legal representation.
Submitting Testimony:
- Depositions/Affidavits: A substitute for in-court testimony establishing facts necessary to obtain an uncontested divorce. See Virginia Code § 20-106
- Virginia’s rules have been modified in recent years to streamline this step. Legal guidance is recommended.
Final Decree:
The court reviews your submitted documents and finalizes the divorce with a court order outlining agreed terms.
Remember:
- Consult a lawyer: Legal guidance ensures the divorce process goes smoothly, your agreement is fair and protects your interests, and every step complies with Virginia laws.
- Consider pre-divorce negotiation: Saves money compared to litigation, even if costly at times.
- Settlement is always possible: Explore options even during disputes to avoid the financial and emotional strain of trials.
Contact Us:
For more information or to speak with an experienced Virginia divorce lawyer, contact our firm and schedule a consultation. We guide you through the process efficiently and advocate for your best interests.