Managing Virginia divorce forms, dealing with your former spouse, and deciding how to move forward with your divorce: All of it can cause a great deal of stress. Moving forward with an uncontested divorce — despite being far easier than managing the meetings and mediation often associated with a contested divorce — can still prove difficult.
What forms do you have to fill out? Which factors do you need to consider? If you’re planning for an uncontested divorce in Virginia, working with an attorney can make it easier for you to handle many of the associated challenges. Here are some of the forms you need for an uncontested Virginia divorce and what you need to do to fill them out.
What is an Uncontested Divorce?
An uncontested divorce is a divorce in which neither party is named “at fault” for the divorce. If cheating or abuse occurs and one party gets named at fault, you will need to file for a contested divorce.
To file an uncontested divorce, you will also need to agree with your former partner concerning the distribution of assets, child support, and other key elements of your plan. If you need to contest any factors, you may need to file a contested divorce.
How to Complete an Uncontested Divorce
Completing an uncontested divorce can prove less complicated than a contested one, especially if the parties are in agreement about all factors leading to it. You will need to:
- Meet Virginia’s residency requirements. At least one spouse must live in Virginia for at least six months before you can proceed with a Virginia divorce.
- Separate from your spouse for at least six months if you have no minor children, and a year if you do.
- Prepare the divorce forms.
- File your forms with the court. You can either plan to divorce in person or by affidavit. The latter is a convenient option for military service members or others who do not wish to appear in court for any reason.
You do not have to have an attorney to file for uncontested divorce in Virginia, but the court holds you and your spouse responsible for locating and properly filling out all paperwork. Working with an attorney can help streamline that process.
The Forms Required for Uncontested Divorce
Filing for uncontested divorce may require you and your former spouse to do a great deal of paperwork. This includes several forms you will need to submit.
1. Bill of Complaint
A Bill of Complaint establishes your intent to divorce your spouse and formally begins the process in the eyes of the court. It includes background information about you and your spouse, whether you have children, information about a military service record, and what you’re asking for in your divorce — including child support, alimony, and assets.
2. Waiver of Notice
The Waiver of Notice establishes your spouse’s agreement with your Bill of Complaint. By filing this form, your spouse can significantly speed up the divorce process.
3. Property Settlement Agreement
A property settlement agreement includes any information about how you and your spouse plan to distribute your combined property. It should address shared marital property such as bank accounts, investments, homes, vehicles, and other assets. You should also include a plan to fairly distribute debt.
4. Hearing Request Form or Request to Have Divorce Heard by Affidavit
This form will establish a request for a hearing or a request to have your divorce heard by affidavit. If you choose a divorce by affidavit, you and your spouse will not have to appear in front of a judge.
5. Parenting Plan
If you have minor children together, you and your spouse will need to put together a parenting plan that establishes how you will handle the needs of your children after your divorce. This may include custody information and how you will ensure your child’s needs are met. You may want to include information about holidays, sports, and other activities, especially as your child ages.
6. Parent Education Seminar Attendance
You will need to fill out a form that shows you attended the parent education seminar, which will help you learn how to effectively parent your child during the divorce process.
7. Child Support Order
A child support order legally establishes which parent needs to pay child support and when they need to pay it. It will also establish the amount of support. Expect to revisit this form if you or your spouse have extreme changes in income.
What to Do If You’re Not Sure How to Go About an Uncontested Divorce
While you can choose to proceed through the legal system on your own, doing so could cause confusion and add complexity and unnecessary time to your uncontested divorce process. Consulting an experienced Virginia divorce attorney will help you understand all the Virginia divorce forms that Virginia requires you to file, including how to fill them out, the information you need, and when you need to submit them.
An experienced divorce attorney can also help you better understand your legal rights in the midst of divorce and which steps you need to take to protect yourself and your finances — especially if you have significant debt or face other challenges.
Contact the Divorce Experts
Are you ready to start moving forward with your divorce? The necessary forms and challenges in front of you could leave you with more questions than answers, especially early on.
Contact the Law Office of Michael Ephraim today to speak with an expert about any divorce law questions you might have or to begin the process of filing an uncontested Virginia divorce.