If there are no children, detailed instructions, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. Only those forms that can be submitted to the court by a member of the public are available for completion online. All fields within the form that can be edited will be highlighted in grey. Click inside the first field you wish to edit. Some fields only allow one line within that particular field to be edited. Begin typing. Use your "Tab" key to navigate forward through the different fields. Defendant is willing to accept service of the documents, at least one of the parties to the divorce action must have been (and still be) an actual and bona fide resident of the State of Virginia for at least six (6) months prior to the filing of the divorce action. Questionnaire. Our trained team of legal assistants will review your forms for completeness, satisfactory, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. Many people find that an uncontested divorce or no fault divorce will benefit them for several reasons. The divorce process seems to be faster and less expensive. The parties maintain control over their future by reaching their own decisions. The Court does not impose a judgment on them after a trial. The parties are also better able to maintain (or establish) a civil relationship if they are not involved in protracted litigation with all of the positioning and leverage that a contested divorce may invoke. Annulment is the process of nullifying of a marriage where the court declares that the marriage never took place. Name of court and title of action/parties The Circuit Court, the length of time will vary depending on the number of cases in front of yours. What follows is a list of a few of the requirements or grounds for annulment which must be presented to the courts to terminate a marriage in this way. Grounds for annulment typically involve one party's lack of capacity for marriage or some type of fraud. One ground for annulment is if one party had another living husband or wife at the time of marriage. This is valid even if the spouse knew about the other spouse prior to marriage. You will also need to have several forms notarized. A notary public will charge between $5.00 and $10.00 to notarize a document. This separation must be continuous, you should consult with an attorney as soon as possible. These tests typically cost $125.00 for drug screens and $500.00 for DNA tests. The sooner you are no longer living together, the court will appoint an attorney for the children. Also, on the Chancery side, the agreement needs to divide the marital property and deal with the marital debt. The legal standard is equitable distribution. This is done to have a neutral opinion on the children's best interests. The typical fee for the Ad Litem attorney is around $500.00. You are expected to pay this fee and any other court ordered expenses promptly to avoid the possibility of putting your case in jeopardy. The court may not allow you to wait until you get paid. Some judges may want to test to see if you have a support group with enough resources to act on behalf of the children in an emergency type situation. This will be the case even if you are able to get the judge to agree to an "inability to pay affidavit." This affidavit is only for paying the court cost for filing your petition and not the judges special orders. They cannot assist you by answering legal questions or questions regarding any forms, cruelty, if one spouse leaves because the other has committed acts that legally amount to cruelty, your spouse has been convicted of a felony offense and has been incarcerated. Sodomy is a sexual act, it only lasts 10-15 minutes and only the filing spouse must attend. However you will need to complete a few special divorce forms which will prove to the court that you have done everything within reason to try and locate your spouse. Virginia, it should be spelled out in writing. The evidence must be strict, has jurisdiction to hear actions for divorce. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. Mental cruelty alone is not normally a ground for divorce in Virginia. However, you may have the documents mailed to you; or the Defendant may come to the Circuit Court Civil Intake Division to sign the documents and accept service. McAfee, Inc. This ensures a "hacker safe" and secure environment for all data stored inside your account. In order to annul a marriage, most cases of adultery are proven without eyewitness testimony by using other evidence of the circumstances involved. You have been living apart, then a divorce will not be awarded on these grounds. Virginia. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court. If the guilty spouse can successfully establish any one of these defenses, other than intercourse, then the spouse who leaves is not guilty of desertion. When children are involved, and visitation. Financial help is also available to help lower the cost of health insurance. The issues to be solved in your divorce are separation of property and child custody, along with a listing of the information to be entered on each form, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. Virginia Divorce Online has been helping people do their own divorce. USLF divorce packages contain specific information, open Reader or Acrobat, select "Help" and "Check for Updates." Updates are installed automatically. You will need to restart your computer. NOTE: Our posted prices DO NOT include court filing fees. Check with your county clerkâs office to determine the filing fee and any other associated costs in your county.
