| STATE PROCEDURES | ||
| How long does it usually take to finalize a divorce in Virginia? | ||
| In a no-fault Virginia divorce, the spouses must be separated for the required amount of time before they file for divorce--either six (6) months (if there are no minor children and the parties have a Separation Agreement) or one (1) year. Beyond that pre-filing requirement, an uncontested divorce in Virginia, where both spouses agree on all issues and are willing to sign the necessary documents, can be completed in as little as three to six weeks from the divorce filing date, depending on how quickly the Clerk can schedule the divorce hearing. | ||
| How much is the filing fee in Virginia? | ||
| The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Virginia varies from county to county, but is typically $80.00-$90.00. | ||
| What are the basic steps to getting a divorce in Virginia? | ||
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1) File the Complaint with the Circuit Court Clerk and pay the filing fee of approximately $80.00-$90.00. 2) File the remaining documents with the Clerk after they have been signed by you and your spouse. 3) The spouse who filed for divorce files a notarized Affidavit to avoid going to an ore tenus hearing. After both have given testimony, the Judge signs the Final Decree of Divorce of Marriage, which ends the marriage. | ||
| Do I need a corroborating witness? | ||
| As of July 1, 2021, Virginia no longer requires a corroborating witness in no-fault divorce cases. | ||
| What are the grounds for filing for divorce in Virginia? | ||
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The grounds for a no-fault divorce in Virginia are either a 6-month separation (if there are no minor children and the parties have a Separation Agreement) or a 1-year separation (regardless of whether there are minor children). Note that in any no-fault divorce you and your spouse must have been separated for the required amount of time prior to filing for divorce. For more information on grounds for divorce in Virginia, see Virginia Code Sec. 20-91 and 20-95. If you intend to file for divorce on a ground other than no-fault, you cannot use DivorceWriter. | ||
| Do we have to be separated to get a divorce in Virginia? | ||
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Yes. The parties must be separated for one year if they have minor children. If the parties have no minor children together and have a signed Separation Agreement, the separation period is reduced to six months. The separation date is the day that the spouses began living apart without cohabitation and without interruption. To be separated, the parties must have mutually agreed that they are no longer living together as husband and wife and neither must have any intent to reconcile. This does not necessarily mean separate households, but if both spouses remain living in the same home, separation may be more difficult to prove. If the spouses chose to remain under one roof while living separate and apart, Plaintiff will generally need at least one independent witness, such as a friend or family member who visits the home frequently, to testify (usually via Affidavit) that the spouses have been living separate and apart. In the alternative, the judge might ask for an updated Plaintiff's Affidavit that explains how the legal requirement for living separate and apart have been met. The Affidavit must state that although the parties live at the same address, they have separate sleeping arrangements and there has been a lack of any physical relationship during the entire separation period. | ||
| How do I serve my spouse with the divorce papers in Virginia? | ||
| A defendant may accept service of process by signing an Acceptance/Waiver in front of a Notary Public. This document has the same effect as if it had been served upon the defendant by a person authorized to serve process. The filing of an Acceptance/Waiver bearing Defendant's notarized signature allows the Court to finalize the divorce without any further contact with the Defendant. Virginia Code Sec. 20-99.1:1. In either case, the Defendant must sign the document after the Plaintiff has filed for divorce. | ||
| Will either of us be required to attend a court hearing? | ||
| No. Prior to COVID-19 courthouse closures, most Virginia counties already allowed uncontested divorces to be finalized without a hearing by filing a Plaintiff's Affidavit and Witness Affidavit, while a few counties required Ore Tenus hearings. However, because of COVID-19, all counties allow divorces to be finalized by Affidavit. | ||
| What documents are included in the self-prepared Virginia DivorceWriter package? | ||
In addition to Virginia filing procedures, your self-prepared Virginia DivorceWriter package will include:
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| Can I change my name in Virginia divorce proceedings? | ||
| In Virginia, a spouse is entitled to resume either a maiden name or a former name through the divorce proceedings. The Clerk will charge an additional fee for recording a name change, which usually ranges between $120.00-$150.00. Virginia Code Sec. 20-121.4 | ||
| What happens after I receive my self-prepared Virginia DivorceWriter package? | ||
| Along with your self-prepared Virginia DivorceWriter package, you will receive written pro... more | ||
| What are the Virginia residency requirements for filing for divorce? | ||
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To obtain a divorce in Virginia, one of the spouses must have lived in Virginia for at least six (6) months before the day the divorce is filed. Virginia Code Sec. 20-97 The county of filing may be:
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| Where do I file the divorce documents in Virginia? | ||
| In Virginia, divorces are filed at the Circuit Court Clerk's office. | ||
| The Court has asked for an affidavit or deposition under Virginia Code Sec. 20-106. What is that? | ||
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This document is sometimes referred to as an affidavit or deposition. The Court is letting you know that you may finalize your divorce by deposition rather than by going to the courthouse for an ore tenus hearing. Virginia Code Sec. 20-106 sets forth the requirements for finalizing a divorce by the sworn deposition of the Plaintiff and the Plaintiff's witness. To obtain the deposition form free of charge, send your request to info@DivorceWriter.com. You will receive an e-mail containing all of the standard documents you received previously in your document package as well as all of our available supplemental forms for Virginia, which begin with the number 888. Among them will be a document containing Plaintiff and witness depositions. Detailed instructions for finalizing a divorce by deposition are included in your Virginia DivorceWriter filing procedures. | ||
| Can a Notary Public take my deposition? | ||
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Yes. In Virginia, depositions may be taken before any person authorized by law to administer oaths and Virginia Notaries Public are authorized to administer oaths. For more information, see also Virginia Supreme Court Rule 4:3 Persons Before Whom Depositions May Be Taken: (a) Within this Commonwealth. Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate. See also Virginia Code Annotated, §47.1-12, as amended, in Virginia, a Notary Public is a person legally empowered to witness and certify documents and to take affidavits. A notary (i) takes acknowledgments, (ii) administers oaths, (iii) certifies that a copy of any document, other than a document in the custody of a court, is a true copy thereof, (iv) certifies affidavits or depositions of witnesses, and (v) performs such other acts as may be specifically permitted by law. Despite the above-referenced rules, some people occasionally encounter difficulties locating a Notary Public who will take a deposition and sometimes are told that an attorney must be present for the taking of a deposition. If you encounter such a difficulty in your city/county, you may wish to contact the Court Clerk in an attempt to locate the names of individuals in your area who will take depositions for persons representing themselves in divorce. In the alternative, you may need to follow the procedures for divorce by Ore Tenus hearing instead of by deposition as set forth in Step 4a of the Virginia Divorce Filing Procedures included with your DivorceWriter package. | ||
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| CUSTODY, VISITATION, SUPPORT | ||
| How is child support calculated in Virginia? | ||
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Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. Additional information on child support in Virginia is available at: Virginia Code Sec. 20-108.2. | ||
| Will we be able to customize our documents to fit our specific custody and visitation arrangement? | ||
| DivorceWriter accommodates parents who want to share joint legal custody while designating... more | ||
| What if my spouse and I have agreed to a child support amount that is different from the standard amount? | ||
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Virginia law provides a list of 14 different factors, one or more of which may be used to justify a child support amount that is different than the guideline amount. The DivorceWriter online interview shows you the child support calculation under the guidelines. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount. | ||
| What are the different types of custody in Virginia? | ||
The following are examples of joint custody:
With sole custody, on the other hand, one parent retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. For more information, see Virginia Code Sec. 20-124.1. | ||
| What is an Income Deduction Order? | ||
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If you or your spouse wants to have child support payments withheld from the paycheck of the parent that must pay support, an Income Deduction Order must be filed and sent to the employer by the Court. This document orders the employer to withhold support payments and send them to the Virginia Department of Social Services Division of Child Support Enforcement. If no Income Deduction Order is issued, the payor parent will make the payments to the Division of Child Support Enforcement directly without the income withholding. | ||
| I received a notice indicating that the issues of child support, custody, visitation and/or spousal support must be ordered transferred to a specific Juvenile and Domestic Relations Court pursuant to Sec. 20-79(c). What do I do? | ||
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While the language of the statute is discretionary, some jurisidictions may occasionally require the case to be transferred to the Juvenile and Domestic Relations Court in the county or city where the divorce case was heard. If your court has instructed you that transfer language must be included in your Final Decree of Divorce, please note that your documents may be downloaded in Microsoft Word and self-customized as needed. Example: "IT IS ADJUDGED, ORDERED, and DECREED that the issues of child support, custody, and visitation are transferred to the Juvenile and Domestic Relations Court for the County/City of (enter county/city where divorce case was filed.)" Below is the full text of Sec. 20-79(c): In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296. | ||
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| PROPERTY AND DEBTS | ||
| What options do we have for our real estate? | ||
| The DivorceWriter online interview provides an array of options for disposing of your real... more | ||
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| SPECIAL CIRCUMSTANCES | ||
| What if one spouse is in the military? | ||
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| What if one spouse is living in a foreign country? | ||
| If your spouse is able to receive documents in the mail and is willing to sign and return ... more | ||
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