Divorce Guide

Divorce Guide

Virginia divorce paperwork

Virginia divorce paperwork differs a little from other states. The forms can be purchased from a legal forms website or from the country clerk’s office. It is easy to get Virginia divorce forms. But to file these legal papers you must fulfill certain conditions necessary to get a divorce in Virginia.

Residential Requirement:

Either of the couples must reside in Virginia for six months before filing for divorce. One can file for divorce in the country where the spouses last lived together or the country where the defendant resides or the country in which the plaintiff resides.

Grounds for divorce in Virginia:

Virginia divorce law allows no-fault and fault divorce grounds. In case of a no-fault divorce the spouses must live separate for a year without any cohabitation. They should not have any children and have signed a separation agreement.

The grounds for a fault divorce include willful abandonment, adultery, cruelty, conviction of a felony and imprisonment for not less than a year and willful desertion. It is compulsory to prove the grounds if you are undergoing fault divorce.

Virginia divorce paperwork:

The Virginia divorce paperwork is quite lengthy. The forms required for a divorce are petition for divorce, certificate of corroborating witness, notice for hearing, financial affidavit, answer and affidavit, settlement agreement, divorce decree or judgment.

Filing of Virginia divorce paperwork:

  1. Visit your local country courthouse to obtain a separation packet or a divorce packet. This packet contain all the forms clubbed together required for your divorce. Select the packet which is appropriate for your case. The cost of such a packet varies from $10 to $20. You can also avail the forms from the divorce websites. Virginia offers two types of complaint forms. Complaint for divorce on ground of 1 year separation and complaint for divorce on ground of 6 months separation. Fill the appropriate one and make at least 2 copies of the complaint.
  2. Complete the form VS-4. It is a statistical form and need to be filled in black ink.
  3. The Domestic case coversheet must be completed. It contains details like name of both the parties, date of separation and whether the divorce is uncontested or contested. Make copies of this sheet also.
  4. Take the completed forms along with the required papers to the country courthouse.
  5. Pay the filing fee to the clerk of the courthouse. The filing fee varies from $100 to $500.
  6. Serve your spouse and wait for the date of hearing.
  7. On the date of hearing, appear in the court and present your testimony. After considering all the issues the court announces its final judgment.

    Be careful while performing the Virginia divorce paperwork. Even a small mistake can make you redo the whole procedure. Guidelines and instructions are provided along with the packet. You can also hire a lawyer for proper guidance.

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