Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
CIRCUIT COURT
STATE OF VIRGINIA
DIVORCE PACKAGE
NO CHILDREN
With or Without Property
Control Number VA-008-D
This packet contains the following:
1.
2.
3.
4.
5.
6.
Information about Divorce
Form List
Form Explanations
Instructions and Steps
Checklist
Access to Law Summary
You and your spouse must agree to all terms of the divorce to use this packet.
ALL FORMS YOU FILE WITH THE COURT MUST BE PRINTED ON BOND PAPER.
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INFORMATION ABOUT DIVORCE
1.
WHO MAY USE THESE FORMS
This packet is designed for the sole purpose of obtaining an uncontested divorce. This
packet is only of use to you if you and your spouse are willing to agree to all the terms
and conditions of your divorce. You must communicate with your spouse and keep him
or her advised as to each step in the process. If you cannot agree, you will become
involved in a contested divorce, which is beyond the scope of this packet. To use this
divorce package to file for divorce in Virginia, all of the following must be true:
(a)
(b)
(c)
(d)
2.
You and your spouse have separated in that you have not cohabitated as
husband and wife for 6 months;
Both parties have agreed to all of the terms of the Separation and Property
Settlement Agreement;
There were no children born to or adopted by you and your spouse and the
wife is not pregnant; and
You or your spouse has lived in Virginia and in the county of filing for 6
months before filing the divorce.
THE BASICS
There are generally several requirements before you can file a divorce action. Virginia
has residency requirements that require that you or your spouse reside in the state for a
certain period of time before a divorce action is filed. Likewise, Virginia requires a
ground for filing the divorce.
In a typical divorce two requirements that must be met before you can file for a divorce.
Those requirements are below:
1. You must satisfy the residency requirements. At least one of the
spouses must have resided in Virginia for at least six (6) months prior to
filing for divorce.
2. You must satisfy the no-fault procedures. If there are no children of the
marriage and the parties have entered into a Separation and Property Settlement
Agreement, the parties must have lived separate and apart for at least six (6) months.
In addition, in a no-fault case you must agree with your spouse to become divorced, and
agree to all the terms of the dissolution of marriage in filling out the forms, including
property division. You will complete and file the forms (see detailed instructions, below)
in the Circuit Court, Chancery Division for the Virginia county in which you or your
spouse last cohabited, or the Virginia county in which your spouse resides. Code of
Virginia, Title 20, Chapter 6, §20-96.
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3.
RESIDENCY REQUIREMENTS
In order to obtain a divorce in Virginia, at least one of the parties to the divorce action
must have been (and must 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. Code of
Virginia, Title 20, Chapter 6, §20-97.
4.
GROUNDS FOR DIVORCE
Virginia allows a no-fault divorce if there are no children of the marriage, the parties
have entered into a Separation and Property Settlement Agreement, and the parties must
have lived separate and apart without interruption or cohabitation for at least six (6)
months. If children are involved the separation period is one year. Code of Virginia,
Title 20, Chapter 6, §20-91.
Additional grounds upon which a divorce may be granted include:
1. For adultery; or for sodomy or buggery committed outside the marriage;
2. Conviction of a felony and sentence to confinement for more than one year;
3. Where either party has been guilty of cruelty, caused reasonable apprehension
of bodily hurt, or willfully deserted or abandoned the other. § 20-91.
5.
WAITING PERIODS
Other than the grounds stated above, there is no divorce-specific waiting period.
6.
LEGAL SEPARATION/ DIVORCE FROM BED AND BOARD
This package contains form for DIVORCE, not for Legal Separation. This
information on Legal Separation is provided for your information only. A legal
separation cannot be obtained using the forms in this package.
A legal separation, known in Virginia as a “Divorce from Bed and Board,” may be
granted for any of the causes for which an absolute divorce may be granted. A legal
separation is not the same as a divorce. A legal separation is a court determination of the
rights and responsibilities of a husband and wife arising out of the marital relationship. A
decree of legal separation does not terminate the marital status of the parties, and the
parties are not free to marry again. Code of Virginia, Title 20, Ch. 6, §20-116, et seq.
7.
ALIMONY/ SPOUSAL MAINTENANCE
Because this is an agreed divorce, you will decide issues of alimony, also known as
"spousal maintenance"- the periodic payment of money from one spouse to the other on a
temporary or permanent basis. The forms in this no-fault divorce package assume that no
alimony will be paid and none will be sought-- but you may add provisions for alimony
to your Separation and Property Settlement Agreement if you desire. In a contested case,
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the courts might award alimony. A contested divorce is beyond the scope of this divorce
package. See, Code of Virginia, Title 20, Ch. 6, §20-107.1 et seq., for more information.
You should consult a local attorney regarding the possibilities concerning alimony if
you have questions or foresee conflict regarding this issue.
8.
DISTRIBUTION OF PROPERTY
In a divorce, the property such as land, house, buildings, and items of personal property
owned by the couple is divided between the parties. Debts owed are also allocated to one
party or the other, or both. This is accomplished by means of a Separation and Property
Settlement Agreement. You and your spouse must agree to the property and debt division
and memorialize your agreement in the Agreement, which will be attached to the Final
Decree of Divorce that ultimately ends your marriage. You may agree to divide the
property any way you like, as long as basic fairness is maintained, and you both agree. If
you cannot agree on any item of this division, the proceedings will transform into a
contested divorce. A contested divorce is beyond the scope of this packet.
9.
NAME CHANGE
Upon decreeing a divorce from the bond of matrimony the court shall, on motion of a
party who changed his or her name by reason of the marriage, restore such party's former
name or maiden name by separate order. Code of Virginia, Title 20, Ch. 6, §20-121.4.
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FORMS LIST
This packet contains the following forms:
1.
Separation and Property Settlement Agreement (VA-802D)
2.
Bill of Complaint (VA-804D)
3.
Acceptance/Waiver of Service of Process and Waiver of Future Service of Process
and Notice (VA-CC-1406)
4.
Depositions in Support of Divorce from the Bond of Matrimony (VA-809D)
5.
Final Decree of Divorce (VA-807D)
6.
Request for Hearing (VA-808D)
7.
VS-4 Sample Enclosed (Obtain from Clerk) (VA-VS-4-SAMPLE)
8.
Petition for Name Change (VA-CC-1411)
9.
Addendum for Protected Identifying Information (Confidential) (VA-CC-1426)
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FORM EXPLANATIONS
All forms included in this package are identified below. You must sign all documents with a
space for signature of a Notary Public in front of a Notary Public.
1.
Separation and Property Settlement Agreement (VA-802D) – This form is a contract
in which you and your spouse agree to the division of your marital property and debts. If
approved by the Judge, it will be incorporated into the Final Order of Divorce.
2.
Bill of Complaint (VA-804D) – This document is the Complaint for Divorce- the
document in which you are asking the court to grant your divorce, specifying all the
necessary legal details.
3.
Acceptance/Waiver of Service of Process and Waiver of Future Service of Process
and Notice (VA-CC-1406) – The Defendant signs this document in acknowledgment of
the service of the Bill of Complaint and in order to waive further service of process and
notice in the case.
4.
Depositions in Support of Divorce from the Bond of Matrimony (VA-809D) – This
form includes questions you and your witness will need to attest.
5.
Final Decree of Divorce (VA-807D) – This is the legal Decree that grants your divorce,
incorporating your Separation and Property Settlement Agreement.
6.
Request for Hearing (VA-808D) – Your request for an uncontested final hearing before
the Judge to approve your divorce.
7.
VS-4 Report (VA-VS-4-SAMPLE) – Report of Divorce provided as sample. You must
obtain an original this form from the clerk for filing.
8.
Petition for Name Change (VA-CC-1411) – This form is used to request that the Court
restore a party to the use of a former or maiden name.
9.
Addendum for Protected Identifying Information (Confidential) (VA-CC-1426) –
This form is used to provide confidential information, such as social security numbers, to
the court in a manner that will prevent the information from becoming part of the
publicly available record of your divorce.
Note: Depending on your County additional forms may be required which may be County
specific. These forms will be available from the Clerk.
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INSTRUCTIONS AND STEPS
Note: If a form contains a space for the signature of a Notary Public, it must be signed by you
(and if necessary by your spouse) in front of a Notary Public, who must notarize the document.
Prepare an original and several copies of each of your completed documents. Your spouse
should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies
and the court must have originals. Once it has been noted in the instructions to attach one
document to a second document as an exhibit thereto, any further reference to the second
document assumes that the first document is attached as instructed.
STEP 1:
In cooperation with your spouse, complete the following forms:
Form 1- Separation and Property Settlement Agreement
Form 2- Bill of Complaint
Form 9- Addendum for Protected Identifying Information (Confidential)
Attach the Separation and Property Settlement Agreement and the Addendum for
Protected Identifying Information (Confidential) to the Bill of Complaint, and
label the attached Agreement “Exhibit A” and the Addendum as “Exhibit B”.
Note: the Addendum for Protected Identifying Information may be attached to any
form that must contain protected identifying information.
STEP 2:
Make several copies of each completed document. Go to the courthouse and FILE
Forms 1-2 with the clerk of court. You will have to pay a filing fee. You must call
ahead to determine the amount and acceptable forms of payment. Ask the clerk for
a “VS-4” form, complete, and file. Keep several copies of all documents stamped
“filed” by the clerk.
STEP 3:
Attach a stamped “filed” copy of the Bill of Complaint (with the Separation and
Property Settlement Agreement attached as “Exhibit A” thereto), to the Final
Decree of Divorce, and label the Bill of Complaint “Exhibit A” to the Final Decree
of Divorce. In consultation with your spouse, complete and sign the Final Decree
of Divorce.
Deliver the following documents to your spouse:
1.
2.
3.
4.
One stamped “filed” copy of the Bill of Complaint (with the Separation and
Property Settlement Agreement attached as “Exhibit A”).
One stamped “filed” copy of the VS-4 form.
Two copies of Form 3- the Acceptance/Waiver of Service of Process and
Waiver of Future Service of Process and Notice
Two copies of Form 4- the Final Decree of Divorce (with attached Bill of
Complaint).
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Instruct your spouse to review the documents, then to sign one copy of Forms 3 and
4 and return these signed copies to you. Remind your spouse that he or she must
sign the Acceptance/Waiver in front of a Notary Public.
STEP 4:
FILE the following documents with the court clerk:
1.
2.
3.
4.
The Acceptance/Waiver signed by you spouse and notarized.
The completed Depositions in Support of Divorce from the Bond of
Matrimony signed by you and your witness and notarized.
Form 6 - the completed Request for Hearing with the Final Decree of
Divorce signed by you and your spouse attached.
A self-addressed, stamped envelope.
In addition, if a party is requesting that the Court restore a party to a former or
maiden name, a completed Petition for Name Change (VA-CC-1411) must also be
submitted to the Court. An additional fee may be required.
Mail a stamped “filed” copy of the Request for Hearing to your spouse. Your file
will be forwarded to a Judge’s law clerk for review. The law clerk will notify you
in writing as to whether or not you have correctly submitted all the necessary
information.
If the clerk confirms that you have submitted the information correctly, you must
call the court clerk within fourteen days of the date of your receipt of written
notice of sufficiency of your documents and set up a time for your final hearing if
you are required to attend a hearing.
STEP 5:
The testimony from the Depositions in Support of Divorce from the Bond of
Matrimony is submitted to the judge for his or her review. The judge will read the
entire file and determine for him/herself that the substantive and technical
requirements of granting the divorce have been met. If they have, the judge will
declare that the parties are divorced by signing Final Decree of Divorce.
If you are required to attend a hearing, notify your spouse of the hearing date.
Your spouse does not have to attend. Go to the final hearing at the scheduled
time and date, and answer any questions the court may have. In any case, the
hearing should not take more than 15 minutes. If all is in order, the Judge will
sign the Final Decree of Divorce.
You must FILE the Final Decree of Divorce. Obtain two certified copies of the
filed Final Decree. You must mail one certified copy to your former spouse.
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CHECKLIST
Forms 1, 2, & 9 completed and filed with the court clerk. VS-4 form obtained
from clerk, completed, and filed with clerk
Filing fees paid.
Forms 3 and 5, signed by your spouse.
Form 4 completed, signed by you and your witness and notarized
Forms 3, 4, 5, 6 and a self-addressed, stamped envelope filed with court clerk.
Form 8 Petition for Name Change filed if name restoration is desired.
Within 14 days of your receipt of notice of sufficiency of your papers from the
law clerk, you must contact the court clerk and obtain a date for your
“uncontested divorce hearing” (if required).
Spouse notified of hearing date. Your spouse does not have to attend.
Final Decree of Divorce signed by Judge.
Final Decree filed with clerk, certified copy obtained by you. Certified copy
mailed to your ex-spouse.
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NOTE ABOUT COMPLETING THE FORMS
The forms in this packet may contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible. If they do
not become visible, then they were not included in this form package.
To complete the forms click on the gray shaded areas and type the information. For the
separation agreement complete the gray shaded areas and also make any other changes or
additions to resolve all issues.
Some forms are locked which means that the content of the forms cannot be changed unless the
form is unlocked. You can only fill in the information in the fields. If you need to make any
changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF
YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU
BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU
HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL
INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the
Menu bar and then selecting “unprotect document”. You may then be prompted to enter a
password. If so, the password is “uslf”. That is uslf in lower case letters without the
quotation marks. After you make the changes relock the document before you begin to
complete the fields. After any required changes relock the form, then click on the first form field
and enter the required information. You will be able to navigate through the document from
form field to form field using your tab key. Tab to a form field and insert your data. If you
experience problems, please let us know
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DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for
your state. All Information and Forms are subject to this Disclaimer: All forms in this package
are provided without any warranty, express or implied, as to their legal effect and completeness.
Please use at your own risk. If you have a serious legal problem we suggest that you consult an
attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S.
Legal Forms (USLF) are not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
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THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS
FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS
NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
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