Virginia Uncontested Divorce Checklist

Virginia Family Law Center, P.C., is dedicated to working with you to secure your divorce as fast as possible. For your convenience, we have outlined the steps for uncontested divorces below, including standard uncontested divorces and uncontested divorces by publication.

Standard Uncontested Divorce

Although each divorce is different, below are the steps on how our office will process your uncontested divorce to give you a general idea of the process:

1. We will prepare a Legal Services Agreement for your review. This is the contract between you and our firm that explains the fees associated with your case and our policies. Once signed, payment is required to initiate your case.  
2. One of our experienced attorneys prepares and reviews the parties’ Separation and Property Settlement Agreement.  
3. Once the Separation and Property Settlement Agreement are signed by both parties, your attorney will file the “Complaint for Divorce”. 
4. The court will provide us with a case number and your attorney will prepare final divorce documents, including an Acceptance of Service/Waiver of Notice, Plaintiff Affidavit, and Witness Affidavit. 
5. Once all final divorce documents are signed, your attorney will file them in court along with the “Final Order of Divorce” and request that the judge review and finalize the case.

Uncontested Divorce by Publication

If you cannot locate your spouse in order to file for divorce, you may have the option of an uncontested divorce by publication, where a notice is published in a newspaper for a few weeks. A copy of the order will also be mailed to your spouse’s last known address. If your spouse does not respond within a certain period of time, a judge may grant your divorce.

The following are the steps in an uncontested divorce by publication to give you an idea of the process:

1. As with a standard uncontested divorce, you’ll need to review the Legal Services Agreement, which will outline our fees and policies. Once signed, we will require payment to move forward with your case.
2. One of our attorneys will prepare an affidavit and Order of Publication for your review and signature before a notary public. 
3. Once you sign the affidavit, our office will file the “Complaint for Divorce”  based on a one (1) year separation between you and your spouse.
4. The court will provide us with a case number and your attorney will prepare the final divorce documents, including plaintiff affidavit and witness affidavit (these will be signed later in the  process). 
5. Once all final divorce documents are signed, your attorney will file them in court along with the “Final Order of Divorce” and request the judicial review and finalize the case.

 

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To discuss your questions and understand your options, call (703) 537-0444 or click here to request your free VA fast divorce consultation with our attorneys.
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