Establishing secure connection…Loading editor…Preparing document…

Virginia Divorce Package No Children

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Circuit Court State of Virginia Divorce Package - No Children

Control Number VA-008-D

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc.

This packet contains the following:

  1. Information about Divorce
  2. Form List
  3. Form Explanations
  4. Instructions and Steps
  5. Checklist
  6. 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.

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.

To use this divorce package to file for divorce in Virginia, all of the following must be true:

(a) You and your spouse have separated in that you have not cohabitated as husband and wife for 6 months;

(b) Both parties have agreed to all of the terms of the Separation and Property Settlement Agreement;

(c) There were no children born to or adopted by you and your spouse and the wife is not pregnant; and

(d) You or your spouse has lived in Virginia and in the county of filing for 6 months before filing the divorce.

2. The Basics

Virginia has residency requirements and requires a ground for filing the divorce. 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 including property division.

3. Residency Requirements

At least one of the spouses must have resided in Virginia for at least six (6) months prior to filing for divorce.

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.

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.

7. Alimony / Spousal Maintenance

The forms in this no-fault divorce package assume that no alimony will be paid and none will be sought.

8. Distribution of Property

Property and debts are divided by means of a Separation and Property Settlement Agreement.

9. Name Change

Upon decreeing a divorce, the court may restore a party's former name or maiden name by separate order.

Forms List

  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)

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 - Contract in which you and your spouse agree to the division of your marital property and debts.

2. Bill of Complaint - The document in which you are asking the court to grant your divorce.

3. Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice - Defendant acknowledges service and waives further notice.

4. Depositions in Support of Divorce from the Bond of Matrimony - Includes questions you and your witness will need to attest.

5. Final Decree of Divorce - The legal decree that grants your divorce.

6. Request for Hearing - Request for an uncontested final hearing before the Judge.

7. VS-4 Report - Report of Divorce provided as sample.

8. Petition for Name Change - Used to request restoration of a former or maiden name.

9. Addendum for Protected Identifying Information - Used to provide confidential information such as social security numbers.

Instructions and Steps

Note: If a form contains a space for the signature of a Notary Public, it must be signed in front of a Notary Public.

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”.

Step 2

Make several copies of each completed document. Go to the courthouse and file Forms 1-2 with the clerk of court. Ask the clerk for a “VS-4” form, complete, and file.

Step 3

Attach a stamped “filed” copy of the Bill of Complaint to the Final Decree of Divorce, and label the Bill of Complaint “Exhibit A” to the Final Decree of Divorce.

Step 4

File the Acceptance/Waiver, Depositions, Request for Hearing, and a self-addressed stamped envelope with the court clerk.

Step 5

The judge will review the file and, if all is in order, sign the Final Decree of Divorce.

Checklist

Forms 1, 2, & 9 completed and filed with the court clerk. VS-4 form obtained, 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 notice of sufficiency, contact the court clerk and obtain a date for your uncontested divorce hearing.

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.

Form Fields

Petitioner Name:

Respondent Name:

County of Filing:

State:

Date of Separation:

Date of Filing:

Marriage Date:

Witness Name:

Attorney Name:

Marital Property Division:

Alimony Terms:

Name Change Request:

Request restoration of former or maiden name

Former / Maiden Name:

Protected Identifying Information:

Signature Sections

Petitioner Signature

Date:

Respondent Signature

Date:

Witness Signature

Date:

Notary Public

Commission Expires:

Court Clerk Notes:

Enter text

What the Virginia Divorce Package No Children covers

The Virginia Divorce Package No Children is a set of court documents used to request a legal termination of marriage when there are no minor children, custody, or support issues. It typically includes the complaint or petition for divorce, financial disclosures, an affidavit of separation or residency, a proposed decree, and proof of service instructions for the circuit court clerk. This package is intended for uncontested or agreed divorces where parties resolve property and debt allocation without contested custody matters, and it prepares the parties for filing with the local Virginia circuit court.

Why this package matters for uncontested divorces

Using a standardized Virginia Divorce Package No Children helps ensure required sections are completed, reduces the chance of clerical rejection, and makes filing more efficient for uncontested cases where both parties agree on essential terms.

Why this package matters for uncontested divorces

Who commonly completes the Virginia Divorce Package No Children

Practical users range from self-represented filers to attorneys and court staff who handle uncontested divorce filings.

  • Self-represented individuals filing an uncontested divorce with no minor children and no child support obligations.
  • Family law attorneys preparing streamlined pleadings and proposed decrees for clients who have resolved property and debt division.
  • Paralegals or court clerks assembling required forms, verifying residency statements, and accepting filings for docketing.

The package is best for cases with clear agreement on property and debts; contested matters or child-related issues require expanded forms and different procedures.

Core components included in a complete package

A professional Virginia Divorce Package No Children contains the filings and supporting documents most clerks expect for an uncontested no-children divorce.

Complaint for Divorce

The primary pleading stating residency, grounds for divorce, and the relief requested; identifies parties and the legal basis for dissolution.

Financial Disclosure

An itemized statement of assets, liabilities, income, and expenses to document division of property and any spousal support considerations.

Affidavit/Separation

A sworn statement indicating the date of separation and, where required, that the parties have lived separate and apart under applicable grounds.

Proposed Decree

A draft order for the judge to sign that reflects agreed terms on property division, debt allocation, and the final judgment language.

Proof of Service

Documentation, such as a signed return of service or affidavit of service, showing the respondent received the complaint per court rules.

Cover Sheet & Fees

Court civil cover sheet, filing fee information, and any required local forms that vary by circuit and county clerk offices.

Step-by-step: preparing and filing the package

Follow this sequence to complete, notarize, serve, and file the Virginia Divorce Package No Children in an uncontested matter.

  • 01
    Assemble Forms: Gather complaint, disclosures, affidavit, decree, and cover sheet.
  • 02
    Sign and Notarize: Have affidavits and signature lines notarized where required.
  • 03
    Serve the Respondent: Effect service per Virginia rules and obtain proof of service.
  • 04
    File with Clerk: Submit original documents and pay filing fee at the circuit court clerk.

Configuring an online completion and eSubmission workflow

When completing the package online, configure fields and authentication so documents meet court and notarization requirements.

Field Configuration
Upload Document Use a single searchable PDF for the full package.
Place Signature Add signature/date and initials fields in each page location.
Authentication Choose email or SMS code for signer verification.
Notary / RON Enable remote notarization workflow if permitted by jurisdiction.

Where to file and how documents move through the court

Know the routing for completed packages: filing, docketing, review, and final entry of the decree by the judge.

  • Circuit Court Clerk: Files and dockets the original documents for the county circuit court.
  • Service Provider: Local sheriff or process server completes service and returns proof.
  • Judge / Judicial Office: Judge reviews proposed decree and signs final order when appropriate.
  • Record Custody: Clerk issues certified copies and updates case record after entry.

Technical requirements for digital completion and eSubmission

Use a platform that supports court-acceptable PDF output, authentication, and notarization workflows.

  • File Formats: PDF/A or standard PDF output for long-term reproduction.
  • Authentication: Email or SMS verification; improved identity proofing for notarization.
  • Integrations: Works with Google Workspace, Microsoft 365, or court e-filing portals.

Confirm with the local circuit court clerk whether electronic filing and remote notarization are allowed, and configure exports to match the clerk's preferred file naming and bundle order.

Timing and processing expectations

Expect administrative and statutory timing steps: residency verification, service windows, clerk processing, and final decree entry.

Residency Verification:

Confirm court-required residency facts before filing to avoid dismissal.

Service Window:

Complete service promptly after filing; proof of service must be returned to the court.

Clerk Processing:

Local clerk review times vary; routine uncontested filings may take days to weeks.

Hearing or Entry:

Judge signs decree or schedules brief hearing depending on local practice and objections.

Document Copies:

Obtain certified copies from the clerk once the final decree is entered.

Common mistakes that delay or complicate filings

  • Using inconsistent names or misspelled legal names across forms, causing clerk to request corrective filings or affidavits.
  • Failing to notarize affidavits or signing pages that the court expects to be sworn, which can lead to rejection.
  • Improper service (wrong method or missing return), resulting in insufficient proof and possible dismissal.
  • Not checking local circuit court forms or fee schedules; county-specific requirements often differ and cause processing delays.

Consequences of incorrect or incomplete documents

Dismissal Risk: Incomplete filings can be administratively dismissed by the clerk.
Fee Forfeiture: Incorrect fee payment may result in returned or rejected filings.
Perjury Exposure: False sworn statements risk criminal penalties for perjury.
Delayed Finalization: Improper service or missing paperwork delays entry of the final decree.
Post-Judgment Disputes: Incomplete property disclosure can lead to later litigation.
Record Errors: Clerical errors in the decree can require corrected orders or supplemental filings.

Common eSignature vendor comparison for document completion and signing

This comparison summarizes typical plan features and starting prices for eSignature vendors commonly used to prepare and sign legal documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers to common questions about completing, signing, notarizing, and filing the Virginia Divorce Package No Children.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users