What Are the Steps to Getting an Uncontested Divorce in Virginia?

Step 1. The parties must establish their separation date and agree to all terms and conditions surrounding their separation. These terms and conditions may include one or more of the following: distribution of assets and debts, spousal and child support, visitation and any other matters that are in need of a determination after the parties separate.

Step 2. If their agreement on those terms and conditions is in writing and signed by both parties, they have what is commonly known as a Property or Marital Settlement Agreement. This Agreement is the basis for an uncontested divorce. Both parties must sign this Agreement before a Notary Public. Please note, even if there are no terms or conditions surrounding your separation, it is still recommended you sign an agreement.

Step 3. In Virginia, divorce begins when one party (the Plaintiff) files a Complaint for Divorce in a Circuit Court.  The Complaint for divorce serves as an introduction of your case and what you are asking the court to do. The Complaint for Divorce will also reference the existing Property or Marital Settlement Agreement.

Step 4.  The court will assign a case number and the Acceptance of Service/Waiver of Notice will be prepared for the Defendant to sign. When a couple divorces by Agreement, the Waiver, which is signed by the spouse before a notary public, states he or she has received the Complaint and the case can proceed without further Notice.

Step 5.  Once the Acceptance of Service/Waiver of Notice is signed, the next step requires the Plaintiff to sign an Affidavit, repeating most of the same facts as stated in the Complaint. Those facts include the date and place of the marriage, the residence and domicile of the parties, the date of separation, etc. In order to corroborate those facts, the Plaintiff must have a Witness who can sign a similar Affidavit, again repeating the same facts of the marriage and separation, etc.

Step 6.  Once the Affidavits are received, we file them along with the Final Decree of Divorce, which, when signed by a judge, makes the divorce final, and incorporates your Settlement Agreement as part of the Final Decree.

These are the steps to achieve a fast divorce, but not all situations are the same. Some will find themselves in a situation where their spouse refuses to sign, and cooperate, or they simply cannot locate their spouse.

IF YOU JUST WANT A FAST DIVORCE IN VIRGINIA, AND DON’T WANT TO FIGHT ABOUT IT, CALL OR EMAIL US TODAY FOR A FREE CONSULTATION