What do I need to file to get an uncontested divorce?
This seems like it should be an easy question, but Virginia requires different language for different kinds of families (i.e., families with children or without, families who have agreed to everything and families who need one or two things ironed out).
In general, these are the steps that you need to take. Note that we can help you streamline this process and get divorced without administrative headaches and confusing directions from the court.
- For an uncontested divorce, you must be separated six months if you don't have children, and a year if you do.
- Once you've waited the required separation period, you may file your Complaint for divorce with a cover sheet. The Civil Filing Cover Sheet must be attached for the court to accept your filing. You must also pay the filing fee.
- When you file the Complaint, you should also file your Property Settlement Agreement (Marital Settlement Agreement) if you have signed one.
- When you file the Complaint, you should also file your VS-4 form (the court will have original VS-4 forms for you to fill out at the counter).
- When you file the Complaint, you should file your affidavit and your witness affidavit.
- What should the affidavits say? Here is a sample.
- Note that a family member MAY be your witness, but he or she must meet all of the other requirements.
- After you file your Complaint, you can have the other person (your soon to be ex) sign a Waiver of Service form. The Waiver form has to be notarized. The form can be found here.
- After you have filed your Complaint, Property Settlement Agreement, VS-4 form, plaintiff affidavit, witness affidavit, and waiver of service, it's time to file the final Order of divorce.
- The Final Order should have a Confidential Addendum with your Social Security numbers on the back.
- You both (you and your soon to be ex) must sign the Final Order.
- More information about uncontested divorces in Virginia can be found here.