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.

Virginia Divorce Law: Post Divorce Negotiation

Divorce cases in Virginia are all about dividing property that both spouses acquired during the marriage and deciding issues related to the children. However, sometimes decisions have to be made after the divorce is finalized based upon factors such as changes in the law, changing financial needs, and new issues that were not foreseen during the divorce process.

So how do spouses address issues that come up after a divorce, and what options do you have to fix issues that did not appear until after the divorce was finalized?

Virginia Divorces: Separation Agreement versus Court Order

The first thing you need to be aware of is what happens during a divorce process. The first step is to finalize the divorce. A divorce can be finalized either by an agreement between the parties submitted to the judge for approval or by having a judge decide how property is to be divided. If you are able to reach an agreement, then you can have a Separation Agreement drafted which both sides can sign.

However, if you are unable to come up with an agreement, then the judge will have a trial and enter a Final Decree of Divorce which details how the property will be divided.

It is important to understand this difference because your ability to change things post divorce may depend on whether you have a Separation Agreement or a Decree that came about from a trial. There may be more limitations if it was a decree than if it was a Separation Agreement.

Reasons to Modify a Separation Agreement

There are several scenarios where you may want to modify a Separation Agreement. For example, a change in income may require a reduction or increase in spousal support. Perhaps you and your ex-spouse are having problems selling the real estate and the Separation Agreement doesn’t say what needs to happen. Or maybe there has been a change in retirement benefits and now one of you are not getting what you expected out fo the retirement accounts.

So how do you modify a Separation Agreement to address these issues?

Modifications Post Divorce

Do you have a Separation Agreement or a final decree and you and your spouse agree that it needs to be modified? There are two major different ways of handling that issue. It largely depends on what needs to be modified. If you are seeking to modify spousal support, that is going to be more complicated than if you are seeking to modify an agreement on how real estate is to be sold.

If you are dealing with spousal support modifications, you need to make sure that any agreement you and your spouse come up with is approved by the judge. If you come to a private agreement to modify support but do not get judge approval, that may result in a nasty surprise several months later when your spouse attempts to enforce the original order.

It is far simpler to modify provisions related to dividing assets such as real estate. Courts offer more lattitude to parties who are trying to figure out how to handle post-divorce sale of real estate.

Why You Need a Divorce Lawyer

Whether you and your spouse have agreed to modify spousal support post-divorce or whether the old Separation Agreement is interferring with the sale of real estate, it is important to consult with a local divorce lawyer to discuss your options. You need to make sure that you follow the correct procedure and get the appropriate approvals before moving forward and relying on those agreements. Failure to go through the proper procedures could result in the post-divorce agreement being invalidated. Make sure you call a lawyer before modifying a Separation Agreement or Order after your divorce.

Virginia Family Law: Changes to Grandparent Visitation

In Virginia, the Court system has historically not been kind to the rights of grandparents. Biological parents would traditionally have a veto power as to the ability of a grandparent to ask for custody. If a grandparent wanted visitation over the objection of the parents, they would have to meet a strong burden known as “actual harm.” However, that lawa has recently changed. So what are the changes to grandparent visitation rights, and what do you need to know if you are a grandparent in Virginia?

The Old Law

In order to understand what the current rules are for grandparent grandparent rights, you need to understand what the old rules were. These rules fall into two categories: custody and visitation

Grandparent rights: custody

Custody means two things: making decisions for the upbringing of a child and being the primary residence for the child. Under the old rules, a grandparent would not be able to ask for custody if both biological parents objected without proving that both parents were “unfit” or a number of special circumstances. Unfit means that the parents are not able to exercise their job as custodians.

Common examples of being “unfit” include excessive substance abuse, mental health disorders, and abuse or neglect. A grandparent may also be successful by showing that the parents previously gave up their custody voluntarily to a third person or to a different grandparent.

There are some more complicated rules if only one of the parents object, but there is still a high burden for grandparents to get custody.

Grandparent rights: visitation

Under Virginia law, Visitation means being able to spend time with your grandchildren. Under old Virginia rules, a grandparent could only get visitation over the objection of the parents by showing “actual harm.” This means that the child would be harmed, whether psychologically or physically, if they were unable to see their grandparents. This was also a high burden for grandparents, and few were successful in meeting that standard.

Virginia Grandparents Rights: The New Law

Starting in 2021, grandparents now have an additional ability to ask for visitation under limited circumstances. If one of the biological parents pass away, and that parent wanted the grandparent to have visitation, then the grandparent can ask the Court for visitation. The idea behind the law is that whole families were being cut off whenever one of the biological parents would pass away. As a result, it is now easier in some scenarios to ask the Court for visitation, but not custody.

Why You Need a Custody Lawyer

As a result of all these changes, it is more important than ever to talk to a lawyer if you are interested in asking for visitation or custody rights for a grandchild. An experienced lawyer can help you navigate these complicated laws and present your case to the Court.

Virginia Divorce Law: The Value of a Financial Expert

Divorce is a complicated process. One of the major things you are doing in a divorce case is dividing assets and liabilities. I discuss this in more detail in another post. However, the basics are that you are dividing everything acquired during the marriage, regardless of whose name its in. For example, real estate, vehicles, jewelry, furniture, life insurance, stocks, bonds, credit cards and lines of credit.

In order to fairly divide these things, you must first figure out how much they are worth. That is where a good financial advisor comes into play. So what is a financial advisor, and why are they important for your divorce case?

Virginia Law: What is a Financial Advisor?

A financial advisor is a financial professional whose job is to help you maximize your money. Financial advisors come in all shapes and sizes, and carry different types of credentials depending on the type of client they are helping. Common types of financial advisors including Certified Public Accountants (CPAs), Certified Financial Planners (CFPs), Chartered Financial Analyst (CFA), and Certified Management Accountant (CMA).

If you have questions about what type of financial advisor is best for you, contact your bank and ask to set up a time to talk to a bank representative to learn more. It will largely depend on the amount and types of assets you have.

Why You Need a Financial Advisor During a Divorce

Lawyers are usually not also financial advisors. Lawyers and financial advisors go through different schooling and certification processes. A good financial advisor will know far more about the economic impact of keeping certain assets than a lawyer would.

The job of a lawyer during a divorce case is to analyze the facts of your case and point out the dangers and potential pitfalls of going to trial. A lawyer can also present the expert testimony of a financial advisor or other financial expert to the court.

A lawyer, in most circumstances, cannot or should not advise you on things like tax consequences of keeping certain items, how keeping certain items will impact your financial portfolio, or the advisability of certain financial ventures.

Therefore, having a team of a lawyer and a financial advisor during a divorce is incredibly helpful.

What Role Does a Financial Advisor Play at Trial?

If you and your spouse are fighting over who keeps certain property, a financial advisor can help arrange for the appropriate testimony the court needs to determine who keeps that property or how it is valued. For example, if your spouse wants to keep the stocks and bonds, it may be important to value certain other money accounts to offset her keeping the stocks and bonds. Without that financial guidance, you will not know whether that is a good or fair deal.

Virginia Divorce Law: The Improper Use of Protective Orders

One of the more nefarious strategies that people use during a divorce proceeding is reporting you to the magistrate and asking for a “protective order.” These protective orders can have serious consequences for your employment and the success of your divorce case. It is important to know what a protective order is, why they are granted, how to combat them and what to do if you were the subject of a bad protective order.

Virginia Law: What is a Protective Order?

A protective order is a document that says you are not allowed to have contact with a certain individual. A protective order can also include provisions for temporary custody and visitation of children. If you are not careful, a protective order can even require you to pay for certain things like phone bills and housing.

These protective orders are normally granted on an emergency or temporary basis. A hearing must be held within a certain period of time to give you an opportunity to fight a protective order.

When Should You Get a Protective Order?

A protective order is designed to protect people from immediate threats or danger of harm. They are supposed to be used to protect a spouse from a physically abusive or dangerous person. For example, if someone threatens to take another person’s life, that would be a good reason to have a protective order. If a former spouse is stalking you, that is also a good reason to have a protective order.

It is not, however, a good enough reason to seek a protective order just because someone does not “feel safe” without an immediate threat. They are also not supposed to be used to obtain temporary custody without fear of danger.

How Do You Fight a Protective Order?

Combating a protective order can be tricky. While protective orders are not criminal cases, they are often accompanied by criminal charges. You certainly have a right to appear in court and fight a protective order. However, if you have been charged with a crime such as domestic abuse, then it may not be a good idea to appear in court without a lawyer. The best way of fighting a protective order is to keep clear records of what happened.

Can You Get in Trouble for Filing a Bad Protective Order?

Yes, absolutely. The other side can seek their legal fees if you used a protective order for your own personal gain but did not actually fear for your own safety.

Why You Need a Divorce Lawyer.

You should hire a divorce lawyer if you are going through a difficult separation or are facing a protective order proceeding. Protective orders can hurt your employment and have impacts on the outcome of your divorce case. It is also important to have a lawyer if you want to seek a protective order to make sure you are doing the right thing and do not have to pay the other side their legal fees.