You will also pay a filing fee, which varies depending on the circuit court you file in. After filing, provide the other party with copies of all the paperwork. You can provide these documents through formal service of process or informally providing them if they agree in writing to waive formal service.
Request and attend an ore tenus hearing, which is an expedited meeting of about 10 minutes or less. The request must include the following:. After filing the ore tenus request, a subsequent hearing date will be set. Bring all of your evidence and answer any questions the judge might ask you. In an uncontested filing, you can avoid a hearing by submitting affidavits.
Both parties must prepare and sign separate documents attesting that all of the information in the complaint is true. You must each sign them in front of a qualified, independent witness who will also sign.
Thereafter, you'll file them with the court. The final step of the divorce process is to wait for the judge to sign the final decree. This is the document that will complete the actual proceedings. You will receive a copy of it, which you should keep for your own records.
You are required to follow all of the rules established in the order. If your spouse has submitted a Waiver of Notice, an Answer which does not contest the Bill of Complaint, or failed to respond within 21 days, you may proceed with an uncontested divorce. In Virginia, there is no requirement for an actual court hearing, but in some cases, an ore tenus hearing may be scheduled. If your spouse, however, files a Cross-Bill or denies some of the proposals within the divorce decree, e.
Divorce is a complex process, but if you are confident that you can understand the legal terms, Latin and navigate the administrative process, you may wish to oversee the divorce yourself.
While thousands of people in Virginia do complete the divorce process without the services of a qualified attorney each year, in the vast majority of these cases, these are straightforward, uncontested divorces. To assist you in this process, online divorce services offer a Do-It-Yourself divorce guide with forms and a step by step tutorial.
Using a service like 3StepDivorce. Many courts in Virginia strongly encourage divorcing couples to seek third-party mediation. If this remains impossible, then a mediator may attempt to broker a settlement regarding the major issues. The key advantage of mediation is that it may limit the costs involved.
Mediators typically charge less than attorneys and can often prevent any need to proceed to marriage dissolution. When a divorce is inevitable, a mediated settlement can eliminate the need for attorneys and facilitate an uncontested divorce.
If you and your spouse are unable to resolve your differences and a court trial becomes necessary, you are strongly advised to hire a divorce attorney. An attorney will possess the expertise required to negotiate with opposing counsel, judges, and other key parties. They will also have knowledge of how to make motions, file petitions and conduct discovery investigations. If you wish to proceed with a divorce, it is wise to discuss these issues beforehand with your spouse.
If the two of you can agree on how to resolve these issues, you may be able to avoid a lengthy, difficult and expensive divorce. This distribution only applies to marital property; property that was acquired before or after the marriage, or through personal gifts or inheritance are considered separate and not usually subject to distribution. Marital property is distributed using the following method:. Any minor children who resulted from the marriage must be properly provided for.
If you and your spouse cannot agree who should possess custody of the children and how much financial support will be provided to the custodial parent, then the court will step in and make a determination. There are many factors that a judge may consider when determining how much spousal support a party must provide to the other. These include. Virginia does not utilize a set formula for determining the amount of alimony, and a judge has broad discretion in determining the amount.
In an uncontested divorce, a judge may sign the Final Decree of Divorce at the ore tense hearing. At the hearing, you must have a witness attest to the accuracy of the points in the Final Decree. If you do not desire a hearing, you may merely file a deposition corroborating the facts of the case.
In most cases, that will finalize the divorce proceeding, but other parties have the right to appeal the decision. In a contested divorce, both parties must attend a court trial. This can last between one and five days. The judge will usually take several weeks to review the case before handing down a ruling. If both parties agree to the order, then the judge will sign it, finalizing the divorce. If you choose to work with one, an attorney can give you advice on your proposed settlement, make sure you complete the paperwork correctly, and see that you file your paperwork on time.
Keep in mind that another kind of professional—a mediator—can help spouses reach agreements and prepare the paperwork that finalizes the divorce.
The required paperwork to complete a divorce in Virginia varies from county to county. Check with your local court clerk for more information and to determine whether you need to file additional forms. You can also visit the courthouse to request a hard copy of the paperwork. Some courts charge a fee for forms, so be sure to call before you arrive.
Although each county may have different filing requirements for divorce, the first form you need to file is typically the Complaint for Divorce. The Complaint provides the grounds for divorce and basic information about yourself and your spouse. If you have children under 18 years of age, you will need to fill out additional forms about the children, custody, and child support. Virginia's circuit courts are courts of general jurisdiction that oversee divorce cases and trials.
Some counties have more than one circuit court. Generally, you should file in the county where you live. If you and your spouse live in separate counties within Virginia, you can file in either location. You must pay a filing fee with your divorce paperwork. You can use the state's Filing Calculator to determine how much you will have to pay. If you cannot afford the fee, you might qualify for a fee waiver, also known as an In Forma Pauperis form.
Check with the circuit court in your county for more information. Depending on your county, you might have to schedule and attend a final divorce hearing. In some counties, 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.
Check with your county clerk's office to find out if this is an option for your case. Unlike some other states, Virginia does not have a set timeline on how long spouses have to wait for a divorce. Uncontested divorces have the potential to be quick divorces.
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