Virginia Divorce Law: Uncontested Divorce Documents
Find out more about the uncontested divorce process and what papers are required to do it right.
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.
Virginia Divorce: Property Settlement Agreements
What is a Property Settlement Agreement, and what do you need to be aware of prior to signing it?
If you or your spouse is considering a divorce, there are some steps that can be taken now to protect both of your assets and your children. A Property Settlement Agreement is a written document which outlines how marital debt, marital property, and child custody will be addressed while the divorce is pending. This document is vital to have as it can save substantial legal fees from having the court make these decisions. However, there are also dangers to these documents.
What do you need to be aware of when entering into a Property Settlement Agreement?
It is a binding contract.
Virginia law is very clear on this matter, a Property Settlement Agreement is a binding contract. Therefore, you have to be very careful in reviewing the terms of the agreement before signing it. These documents may be drafted by a lawyer, and may include provisions that could prove harmful to you down the line. If there are such provisions in the contract, a court will be reluctant to change the provisions of the contract.
A common example of a dangerous provision relates to spousal support. Virginia law allows a Property Settlement Agreement to state that the amount of support may not be modified. That means, in the event that you lose your job and are obligated to pay support, you will not be able to reduce that amount without a prohibitively expensive court battle.
It requires certain provisions to be valid.
Virginia law requires that a Property Settlement Agreement contain specific provisions to be considered valid. Failure to include these provisions may result in the document being declared invalid by a court of law in the future. If you fail to consult with a lawyer during the drafting process, all of your efforts may prove to have been in vain.
It needs to be exhaustive.
Finally, a Property Settlement Agreement needs to address every aspect of your marital property. It needs to address debt, support, custody, visitation, etc. Failure to include a portion of the marital estate into the document may result in bad consequences such as a contested divorce case or the loss of certain retirement assets. It may even make qualifying for Medicaid more difficult.
Why you need a lawyer.
A lawyer is essential in creating a Property Settlement Agreement. For the reasons stated above, Virginia Law is strict about what can or cannot be included in the document. Furthermore, there may be words in the document that can be harmful to you. Therefore, if you are considering a Property Settlement Agreement, consult a lawyer for review prior to signing.
Virginia Divorce: Fault or No Fault Grounds
Virginia law provides several different grounds of divore. If you are considering divorce, it is important that you understand these grounds of divorce, and what you have to prove in order to finalize your divorce.
Virginia law requires you to satisfy one of several different grounds for divorce before you can file. These grounds can be split into two separate categories; fault based grounds of divorce and non-fault based grounds of divorce. Each grounds for divorce carries with it a separate waiting requirement and requires you to prove different things. What do you need to do in order to qualify for divorce in Virginia, and what do you need to know about these grounds of divorce?
Fault Based Grounds of Divorce
The first, and largest, category of divorce grounds is fault based grounds of divorce. Virginia law allows you to file for a divorce if one of the following issues are present; adultery, physical abuse, mental abuse, and desertion. Virginia law also requires that you provide clear proof that one of these grounds have occurred.
For example, with adultery, you must not only prove the identity of the other party, but you must also prove the date and location that the alleged adultery occurred. These burdens of proof make it difficult to pursue a fault based grounds of divorce in Virginia.
However, successfully pursuing a fault based grounds of divorce can impact how the court will handle property distribution and alimony. The more “at fault” the court views one of the parties, the more harshly they will be treated by the court. For example, committing adultery is generally a bar to alimony in Virginia.
No Fault Grounds of Divorce
This is a much smaller category of grounds for divorce. This category applies if you have been living separate and apart from your spouse for a period of time; either six (6) months or one (1) year depending on the facts of your case.
The benefit of a no fault based grounds of divorce is that you only required to establish the date of separation and that the parties have lived separate and apart for the required period of time. You must also show that the you and your spouse have divided all the debt and assets, and that the court is only required to finalize the divorce.
Why You Need a Lawyer for Divorce
A lawyer is essential in understanding the various things you have to prove in order to establish any given grounds of divorce. Furthermore, a lawyer can help you prepare your case to maximize your chances of success and reduce the delay of filing for divorce. Seek out a lawyer if you intend to file for divorce.