Virginia Divorce Law: Uncontested Divorce Documents

Are you interested in an uncontested divorce? If so, this article may be useful in understanding the types of documents required by the Court to finalize your case and why those documents are important.

So what is the process for an uncontested divorce and what documents are required?

How to Get a Virginia Uncontested Divorce

In order to qualify for an uncontested divorce, you must have been separated for at least six months from your spouse if there are no kids. If you have children together, you must wait an entire year. After that time window is up, you must do the following things:

1) You must come to an agreement on all property and custody issues;

2) You must draft a formal agreement detailing those terms and both spouses need to sign;

3) The agreement must be submitted to the Court for review.

What Documents are Required in Virginia for an Uncontested Divorce?

There are several documents that you need in order to finalize your divorce. The law recently changed to make this a little easier, but it is still important to understand what needs to be prepared. Below is a list of documents required:

1) Separation Agreement

The Separation Agreement is the document that both sides sign that details what you have agreed to. You must have all issues addressed in the agreement. If something is left out, it could turn your case into a contested divorce and require more time and effort.

2) Complaint for Divorce

After the agreement is signed, you have to submit it to the Court with a complaint for divorce. This is a document that notifies the Court that you are eligible for a divorce and that you have reached an agreement.

3) Civil Filing Cover Sheet

This document notifies the Court what type of case is being filed so the Clerk can calculate the filing fee and make sure you are filing the right type of case

4) Request for Summons

This document notifies the Court that you want the other side to be served with the paperwork. Service is required in order to finalize a divorce. A summons can be for sheriff service or for the other side to accept the paperwork without a sheriff involved.

5) Waiver of Service

This document is filed with the Court when the other spouse does not want a sheriff to come to their house to serve the paperwork. The document accepts the complaint and notifies the Court they received the summons as well.

6) VS-4 Form

This document is a standard form prepared by the Virginia Department of Vital Records that details the information from the spouses. This document requires social security numbers, birth dates, places of birth, and more information.

7) Plaintiff’s Affidavit

This is a notarized document from the person filing the complaint confirming the allegations in the complaint are true.

8) Final Decree of Divorce

This document is what is given to the judge to finalize the divorce. There are many legal requirements as to what should be in a Final Decree of Divorce depending on what the parties have agreed to.

Why You Need a Divorce Lawyer for an Uncontested Divorce

You should hire a lawyer to help you prepare the documents listed above. If you do not have a lawyer, it can result in the case taking additional time to resolve and maybe even denied by the judge. Make sure you hire a lawyer to do it right the first time. Even if you get past the judge, there may be problems down the road when it comes time to enforce the paperwork.