Filing for divorce can be a lengthy, tedious, and emotionally challenging process. That is why most couples look for the support of an attorney to assist in the process and help settle matters. However, this mainly happens in cases of a contested divorce, which requires legal guidance and support to keep things from getting out of hand.
On the contrary, a couple filing for an uncontested divorce can proceed without an attorney. This is a better way to dissolve the bond between the partners. However, if you want a more detailed explanation of uncontested and contested divorce, continuing reading to learn more.
Contested vs. Uncontested
As the suggests, a contested divorce is when the spouses are not on the same page about their separation. They may have disputes about property distribution, child custody, and other matters. When a couple cannot come to an agreement on their own, the court has to take responsibility to make the best decision for them.
An uncontested divorce is when both partners agree to divorce and compromise on all issues, such as property division, a parenting plan, and alimony distribution. When all disputes are settled without involving the court, it is much easier and faster for the couple to complete the divorce process. It is also more peaceful for all parties involved, especially any children.
About Divorce in Virginia
In the Commonwealth of Virginia, as with all U.S. states, uncontested divorces are the quickest option. The law of the state clarifies certain requirements that a couple planning for separation must follow. While these are mentioned in the below sections, simpler cases can reach a final verdict in as little as two months.
All divorces, whether contested or uncontested, require that a ground for divorce be mentioned. Virginia recognizes both No-Fault and Fault-based grounds.
Getting a fault-based divorce is more difficult because it requires evidence in court to prove the fault mentioned. In a fault-based divorce, it is recommended that the divorcing parties hire legal representation.
No-fault divorces only require proving that the couple has been living separately for at least 12 months. But the mandatory separation period is only 6 months if the couple has no minor children.
For couples looking to complete the process sooner and avoid legal costs, a no-fault divorce is the best choice, especially if the spouses can reach a Separation Agreement to make their case uncontested.
Divorce Requirements
If a couple is filing for divorce in Virginia, they have to follow the stated guidelines to make themselves eligible for the no-fault divorce process. These are:
- At least one of the spouses must live in Virginia for at least 6 months before applying for a divorce.
- The couple should be living in separate residences for the same period.
- If they have a child, this separation should be for at least 1 year.
- The Petitioner must file the case in Virginia, in the county where the spouse is residing.
Immediate Absolute Divorce
There are specific fault-based grounds of divorce approved by state law. They include:
- Cruelty/ Physical Abuse
- Adultery
- Desertion or Abandonment
- Felony convictions
In case the plaintiff files for divorce for adultery or felony, the court will grant Immediate Absolute Divorce. For these, the spouse will not have to follow the waiting period before filing. All contentious issues will have to be settled, though, before a final decree can be granted.
Preparing the Divorce Forms
Couples should check Virginia’s official website to know what divorce papers they must complete and file for their case. Furthermore, if you are going for a DIY Divorce, you will have to ensure that all forms are printed on standardized white paper.
You can also get the required forms and applications for divorce online on the Virginia State Court website.
Another option for couples looking to file for divorce without an attorney is to use online divorce service. Many platforms offer affordable divorce document preparation services.
However, regardless of which method you use for completing the paperwork, there will be a mandatory filing fee when submitting the documents to the court.
Here is a quick list of the most common forms required for filing for divorce in Virginia:
- Petition for Divorce
- Decree of Divorce
- Confidential Identifying Information
- Acceptance or Waiver of Service
- Stipulated Agreement
- Summons
- Hearing Request Form or Affidavit
- Findings of Fact and Conclusions of Law
Additional Paperwork
The number of forms increases if the couple has a child under 18 years of age. They will have to file the following:
- Parenting Plan
- Financial Affidavit
- Child Support Order
- Parent Education Seminar Attendance
Certain forms might be required in one county but are not mandatory in others. Also, some divorce papers are to be filed by the defendant only, not the plaintiff and vice versa. Therefore, double-check all the documents before filing for divorce.
Each form has blanks to be signed by the petitioner and respondent. The paperwork also has a few blanks to be signed in the presence of a Notary Public. Pay close attention if you are getting divorced without an attorney.
Once you have completed all the forms, you should make 2 photocopies of all the documents. The original is for the Court’s records. You and your spouse each get one of the copies.
The Divorce Process
- Fulfilling the requirements
As mentioned above, there are specific requirements to be eligible for a no-fault divorce. If you follow the residency and separation requirements and have a settlement agreement in place, the court will quickly move towards a final verdict without any delays.
- Know where to File
As stated above, the applicant couple should be living in the state of Virginia for a minimum of 6 months before they apply. Since you are a resident of this state, you will be applying for separation in the Virginia Circuit Court. They will oversee the remaining legal and divorce process. Their website can be used to review the overall process and requisites.
- Filing & Serving
After you have collected and filled out all the required forms, you will have to apply for divorce in the regional court. Get the documents photocopied for you and your spouse for this stage.
Your complaint or application must include all the general information about your case and spouse. It will cover grounds for divorce, residency requirements, and evidence to support the grounds. Furthermore, you might also have to provide the location/date of marriage, military status of both partners, and the children’s birth dates/names.
You will also have to file another cover sheet, called Form VS-4, in the Commonwealth of Virginia Report of Divorce or Annulments after paying a small fee, which will vary from county to county.
Next, you have to serve one copy of the forms to your spouse. Serving is essentially making the respondent aware of the case being filed so they can respond. It can be done formally by sending the papers via the Sheriff or a Private Process Server. If you are getting an uncontested divorce, you can take an informal approach and serve the documents yourself.
- Attend the Hearing
The couple will then have to request a proper legal hearing by the court called Ore Tenus. Once approved, they will attend this quick 10-minute session. However, the partners must carry the following:
- Form VS-4
- Proposed Divorce Order duly signed by both petitioner and respondent
- Separation Agreement copy (if any)
- Name Change Request (if needed)
- Proof of Formal Service copy
Once the court has set the ore tenus date, the couple must be present on time with their documents. For uncontested divorce cases, you can also submit an Affidavit to skip this hearing. The court will review all the documents and attest whether the filed complaint is true or not. Make sure both of you carry the required papers and copies of the forms.
- Get the Final Order
The last step in finalizing the separation is to get the approval of the judge. Once they sign the Final Decree, the main proceedings will be completed. Both you and your spouse will receive a copy of the original document, which should be appropriately kept for future referrals.
Furthermore, the couple is required to abide by the regulations established by the court. It is better to go for an uncontested divorce to avoid confrontations and conflicts related to property division, financial responsibilities, and child custody.
Final Verdict
Divorce can be a very conflicting and protracted battle for the couple undergoing the process. However, finding the right settlement and common grounds can help make it easier for both parties. If you decide to have an uncontested divorce, you can do it yourself without the help of an attorney. The steps mentioned above are just an overview. They will help make the process quicker and simpler for you and your spouse. But you will still have to stay extra cautious when filing for divorce.
