Virginia service of process uncontested divorce

Loudoun Circuit Court is not a forms court. The initial Divorce Complaint must be drafted.

All fees are payable to the Clerk of the Circuit Court by cash, check or money order. Do not include filing fees in the same check as your recording fee for the Name Change Order. If you need assistance or advice, please see our Legal Aid and Links page. Skip to Main Content. To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. For a "no fault" or uncontested divorce, if there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

Obtaining a Divorce

If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. The Virginia Courts publish a handbook of Basic Virginia Divorce Procedures with information needed to complete the divorce process on your own. If you plan to file for divorce without the help of an attorney, you will be responsible for all the necessary documents in the correct court.

Some counties have more than one circuit court. Where you live will determine where you file for divorce; although generally, you will file your divorce paperwork in the county where you reside. If you and your spouse live in separate counties within Virginia, either the county in which you live, or where your spouse lives, is where you will file your paperwork. The Virginia State Courts offer online forms for completing an uncontested divorce available here and through the various county websites or in hard copy at your local courthouse.

The following documents must be filed with your divorce paperwork:. If you and your spouse have children together under the age of 18, then the following forms must be filed as well:. The required paperwork to complete a divorce in Virginia varies from county to county and depending on where you live, forms in addition to those listed above may be required to complete your divorce. Check with your local court clerk for more information and to determine whether you need to file additional forms.

Divorce Papers in Virginia | Quick & Cheap | File for Divorce in VA (24/7)

Unlike some other states, Virginia does not have a set timeline on how long spouses have to wait for a divorce. In an uncontested divorce, the spouses can avoid going to court altogether by filing a request to have their divorce heard by affidavit, rather than through a court hearing. The date the judge signs the Decree of Divorce is when your divorce becomes final.

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If you have additional questions about obtaining an uncontested divorce in Virginia, contact an experienced family law attorney for assistance. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. You must be prepared to present evidence to support every allegation in your Complaint. You must also bring a witness to corroborate your testimony.

How to Divorce Your MISSING Spouse! Rebecca Zung, Esq.

Many Commissioners question you and your witness to elicit testimony. Some Commissioners may require you to present all of the evidence and to question the witness yourself.

A Guide to Divorce in Virginia

After the hearing, the Commissioner has 30 days to submit his report to the Court. The Commissioner will notify you and the Court once the report has been filed. You will receive a copy of this report. At the time of the hearing you must submit the original proposed Final Decree of Divorce and a copy of any Property Settlement Agreement the parties may have executed.

The Decree must contain the endorsement of each party who is legally entitled to notice of the hearing and who will not be appearing at the hearing, unless you will be serving the notice of the date and time of the hearing on your spouse.

The original of any Property Settlement Agreement should be presented to the Court at the hearing. The hearing before the Judge lasts approximately fifteen minutes. You must be prepared to present evidence to support every allegation in your Complaint through the testimony of yourself and a corroborating witness. You must bring the witness with you at the time of the hearing; it is your responsibility to make certain that your witness can be present on the hearing date.

Steps To Follow

The corroborating witness should have direct knowledge of the matters to which he or she will testify. The witness knowledge must be based on something more than the information you give the witness in preparation for the hearing. The presiding Judge cannot serve as an attorney, and the moving party must be prepared to ask the relevant questions. If all legal requirements have been satisfied the Judge will generally enter the Final Decree of Divorce at the hearing.