Virginia Divorce Papers and Forms
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Virginia Divorce forms are used to to file for a dissolution of marriage. The spouses must meet the basic requirements of residency of at least six (6) months and both parties must agree to terms in the Marital Settlement Agreement. All laws (Title 20 Chapter 6 – Divorce, Affirmation, and Annulment) and instructions should be followed in order for the court to handout the final Decree.
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How to File For Divorce in Virginia
Step 1 – Grounds for filing (See Statute 20-91)
- The parties must be at least be separated without cohabitation for at least one (1) year before filing
- Adultery, Sodimy, or Buggery committed outside the marriage
- Conviction of a felony and sentence to confinement for more than a one (1) year period
- Cruelty, reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other
After the grounds have been decided each party should complete and exchange with the other the Financial Information Sheet and Property Settlement Agreement.
*If there are children involved, the spouses’ must complete the following forms;
Step 2 – The spouse that has decided to file must complete the following documents;
Step 3 – Filing – The following forms must be filed with the clerk’s office in the County the spouse is a resident. See List
- Complaint
- Addendum for Protected Identifying Information
- Cover Sheet
- Financial Information Sheet
- VS-4 – Statistical Reporting Form
- *If Children – Child Support Guidelines Worksheet
Use the State Calculator to see your filing fee before going to the court clerk’s office.
Step 4 – The spouse that performed the filing must serve the other, also known as the ‘Defendant’. He or she must be sent the Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice. Once it is complete it must be given back to the filing spouse, or ‘Petitioner’, for filing with the clerk.
Step 5 – The following forms should be completed by the filing party and submitted to the clerk;
Step 6 – After fourteen (14) days a call should be made to the court clerk to setup a time for the final hearing. If the clerk determines that the filing was not complete, the petitioner will receive a Rejection of Ore Tenus Hearing. Any error(s) that caused the rejection must be cured within fourteen (14) days.
Step 7 – The Judge will make a determination whether there will be a hearing. If there is, only the petitioner must be in attendance but the defendant should show and must be notified by the petitioner. The hearing usually does not take more than thirty (30) minutes and once complete the Final Decree of Divorce will be issued.
Individual Forms
Sources
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