Why Divorce.com?
Benefits of an online divorce
Paperwork is a crucial part of any divorce, regardless of whether it is contested or not. Even a single mistake in divorce forms could potentially lead to the petition's rejection and delays in a divorce case. To avoid such risks and prepare your divorce application quickly, you can either hire an attorney to fill out divorce forms for you or take advantage of Divorce.com.
Divorce.com is an affordable alternative to lawyers in an amicable divorce. Using this service, you can get your ready-to-sign divorce forms in just two business days.
We provide an automated online interview that will help you complete your divorce papers after answering the list of questions about your marriage and what you want to request. Once the questionnaire is completed, the prepared divorce forms packet will be available to download in a PDF format, within only two business days.
Virginia
Divorce Forms
All the forms required
The legal paperwork required for Virginia divorce proceedings varies based on individual circumstances, including divorce type, service method, presence of minor children, and matters involving alimony, custody, property, and debts.
Basic Divorce Papers May Include:
Complaint for Divorce
Summons
Plaintiff Affidavit
Divorce Case Cover Sheet
Report of Divorce (Form VS-4)
Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice (Form CC-1406)
Service Other Than by Virginia Sheriff (Form CC-1407)
Answer
Final Decree of Divorce
Property Settlement Agreement
Separation Agreement
Motion and Order to Proceed without Payment of Fees/Costs
Child Support Guidelines Worksheet (Form # DC-637)
Child Support Guidelines Worksheet—Split Custody (Form # DC-638)
Child Support Guidelines Worksheet—Shared Custody (Form # DC-640)
These forms address various stages of the divorce process and accommodate different family law situations specific to Virginia requirements.
Steps to consider
Filing Requirements
Residency Requirements
For the Virginia courts to have jurisdiction over a divorce case, a couple must meet the state's residency requirements. In particular, at least one of the parties must have been a Virginia resident for at least six months before filing a divorce petition.
In addition, state residents must start a divorce in the county where either spouse currently lives or in the last area where the spouses lived together as a family.
Grounds for Divorce
Virginia state laws allow both fault and no-fault divorces. Fault-based grounds for divorce imply that the petitioner must prove their spouse's misconduct, including adultery, cruelty and bodily harm, willful abandonment, or felony conviction (for at least one year).
The spouses can get a no-fault divorce if they have lived separately and apart, without cohabitation, for at least one year. However, if the spouses have entered into a Separation Agreement and do not have minor children, a six-month separation is enough.
Initial Filing
In the state of Virginia, divorce cases are handled by Circuit Courts. Child support, child custody, and visitation issues can be heard in the Juvenile and Domestic Relations District Court.
Thus, to apply for divorce, the petitioner (the spouse initiating the case) must file the initial divorce forms with the Circuit Court Clerk's Civil Office or through the e-filing system, if this option is available in their county.
Filing Fees
Filing for divorce, the petitioner must pay mandatory filing fees, about $80-$100, depending on case type and location. Additional court fees may include a Sheriff's fee and a fee to restore the Maiden Name.
The spouses may view the fee schedule on Virginia's Circuit Court Civil Filing Fee Calculation webpage.
If the petitioner is low-income and cannot afford to pay, they can ask the court for a fee waiver by completing a Petition for Proceeding in a Civil Case Without Payment of Fees or Costs.
Serving the Respondent
Unless the respondent agrees to sign an acceptance and waiver form before a notary, the petitioner must serve them with copies of all submitted divorce papers.
However, the petitioner cannot deliver the documents by themselves. Instead, personal service can be accomplished by a Deputy Sheriff or other person authorized to serve in the process under Virginia Code. In such a case, the petitioner must also complete the Summons and attach them to the Complaint.
Waiting Period
Virginia does not require a waiting period after filing the necessary divorce forms. So, the court generally considers the divorce petition according to its workload.
Instead, the length of divorce mainly depends on the grounds for divorce. For example, seeking a no-fault divorce, the spouses must have lived separately for six months or one year (depending on whether they have kids). Also, fault-based grounds, such as willful desertion or cruelty, require one year of separation to finalize the divorce.
Finalizing a Divorce Case
Once served with divorce papers, the respondents have 21 days to file an answer. Respectively, if the respondent waives the service, the dissolution of marriage timeline could be shortened.
To finalize an uncontested divorce, the spouses must sign the proposed Final Divorce Decree, Settlement Agreement, and the rest of the divorce forms and submit them for court approval. Then, the judge reviews all the documents at an uncontested divorce hearing and enters a final judgment of divorce.
Filing basics
Filing for Divorce
Virginia
How to get started
The legal paperwork required for Virginia divorce proceedings varies based on individual circumstances, including divorce type, service method, presence of minor children, and matters involving alimony, custody, property, and debts.
Basic Divorce Papers May Include:
Complaint for Divorce
Summons
Plaintiff Affidavit
Divorce Case Cover Sheet
Report of Divorce (Form VS-4)
Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice (Form CC-1406)
Service Other Than by Virginia Sheriff (Form CC-1407)
Answer
Final Decree of Divorce
Property Settlement Agreement
Separation Agreement
Motion and Order to Proceed without Payment of Fees/Costs
Child Support Guidelines Worksheet (Form # DC-637)
Child Support Guidelines Worksheet—Split Custody (Form # DC-638)
Child Support Guidelines Worksheet—Shared Custody (Form # DC-640)
These forms address various stages of the divorce process and accommodate different family law situations specific to Virginia requirements.
Custody Basics
In determining custody, Virginia courts follow the principle of the best interests of the child. Generally, both parents have equal rights to be awarded custody, unless there is evidence of domestic violence or other substantial risks of harm to the child.
Thus, child-related issues shall be considered on a case-by-case basis, and the judges use the following custody evaluation factors:
The child's and parents' mental health
The child's relationship with each parent
The child's needs, including any special needs
Each parent’s willingness and ability to cooperate with the other and support the other parent's relationship with the child
Any history of domestic violence, emotional abuse, drug abuse, etc.
And other factors that can help determine the child's best interests.
Based on these factors, the court orders the following custody arrangements or their combinations:
Joint legal custody, meaning that both parents are responsible for crucial decisions in the child's life.
Joint physical custody, meaning that both parents are in charge of the everyday care of the child and spend substantial, though not necessarily equal, time with the child.
Sole custody is when one parent gets legal and physical custody, and the non-custodial parent is awarded visitation time.
The divorcing spouses filing for an uncontested divorce must decide custody by themselves and develop a detailed parenting plan.
Uncontested Divorce
An uncontested divorce occurs when both parties agree to resolve their disputes independently, without court involvement. They must outline their arrangements concerning finances, property division, and parental rights and obligations by creating a Settlement Agreement.
Generally, an uncontested divorce is a more straightforward way to terminate the marriage, requiring less time than litigation. This allows couples to reduce divorce expenses. Even if the spouses have disagreements, they can settle them without addressing a law firm and hiring a full-scope divorce lawyer.
Instead, the spouses can resort to mediation, an alternative dispute resolution method where an impartial divorce mediator facilitates negotiations between the parties and helps them create their Settlement Agreement. If the spouses have already agreed on the divorce terms but need help with paperwork, they can use online divorce services, like Divorce.com, providing a fast and simple way to prepare divorce forms.
Support Basics
Usually, the parent who does not have physical custody of their child must make child support payments. To determine the amount of child support, the courts use Virginia Child Support Guidelines.
According to these guidelines, child support must cover such expenses as shelter, food, clothing, health insurance, education, and, in some cases, extraordinary medical costs.
An exact amount of payment in a particular divorce case must be calculated with the help of a formula that takes into account each parent's monthly gross income, the number of children, custody arrangement, the cost of daycare, health insurance, etc.
The support order must be reviewed every three years to ensure compliance with the current financial situation of each parent and the needs of the child.
