Virginia Contested Divorce

Divorce Information and Worksheet

Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money.

Part 2. - Your Personal Information

Personal Information

Your Name:    U.S. Citizen: Yes No

Address:    Date of Birth:

Social Security Number:

City: State: Zip:

Where do you presently live, if different than address above?

How long have you lived at your present address?

How long did you live at former address, if applicable?

Birth State and County

Have you ever lived in a community property state? Yes No

If yes, what state?

Do you have a known future residence address? Yes No

If yes, list address:

Education level

Describe your physical condition and any health problems you may have:

Describe any emotional problems you may have:

Employment

Where are you employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Educational Level Degrees

Part 3. - Spouse Personal Information

Personal Information - Spouse

Spouse Name:    U.S. Citizen: Yes No

Address:    Date of Birth:

Social Security Number:

City: State: Zip:

Where does spouse presently live, if different than address above?

How long has spouse lived at present address?

How long did spouse live at former address, if applicable?

Birth State and County

Has spouse lived in a community property state? Yes No

If yes, what state?

Does spouse have a known future residence address? Yes No

If yes, list address

Education level of spouse.

Describe spouse’s physical condition and any health problems he/she may have:

Describe any emotional problems spouse may have:

Spouse Employment

Where is spouse employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Educational Level Degrees

Part 4. - Marriage

Marriage

Place of Marriage

Have you ever been separated from your spouse before? Yes No

If yes, please provide dates and details of separation:

Are you now separated from your spouse? Yes No

If yes, provide details of separation:

What was date of separation?

Part 5. - Children

Children

Name Date of Birth

Name Date of Birth

Name Date of Birth

In what city and state were the children born?

Has there ever been any prior litigation regarding the custody of the children? Yes No

If yes, please explain:

Where do the children reside now? Husband Wife

Are there any special issues or circumstances to be considered regarding the children? (Medical problems, etc.) Yes No

If yes, please explain:

Do the parents agree to terms of custody/visitation? Yes No

If Yes, please select:

Sole custody to Wife with reasonable visitation to Husband

Sole custody to Husband with reasonable visitation to Wife

Joint custody to Husband and Wife

Other-(describe)

What is address where children presently reside?

Is wife pregnant? Yes No

If yes, what is due date?

Do the children have any special medical needs? Yes No

If yes, please explain:

Children’s Doctor

Address City State Zip

Do the children require any special educational needs? Yes No

If yes, provide details:

Please provide day care address and how often the children are kept in day care, if applicable:

Please provide the name and address of any third party who routinely keeps or cares for the children:

Dentist Name:

Address City State Zip

Has there ever been any claim, allegation, investigation or litigation regarding child neglect or abuse? Yes No

If yes, please explain:

Part 6. - Prior Marriages

Your Prior Marriages

Name Date of Marriage Date of Divorce County/State of Divorce

Children from prior marriages?

Name Date of Birth

Do you pay support? Yes No If yes, what amount and how paid?

Do you pay alimony? Yes No If yes, what amount and how paid?

Your Spouse Prior Marriages

Name Date of Marriage Date of Divorce County/State of Divorce

Children from prior marriages?

Name Date of Birth

Does spouse pay support? Yes No If yes, what amount and how paid?

Does spouse pay alimony? Yes No If yes, what amount and how paid?

Part 7. Income

Income of Husband (Monthly)

Salary Monthly Yearly

Dividends Monthly Yearly

Rental Income Monthly Yearly

Notes Receivable Monthly Yearly

Bonuses Monthly Yearly

Business Monthly Yearly

Commissions Monthly Yearly

Other Monthly Yearly

Total Income Monthly Yearly

Income of Wife

Salary Monthly Yearly

Dividends Monthly Yearly

Rental Income Monthly Yearly

Notes Receivable Monthly Yearly

Business Monthly Yearly

Bonuses Monthly Yearly

Commissions Monthly Yearly

Other Monthly Yearly

Total Income Monthly Yearly

Part 8. - Monthly Expenses

Monthly Expenses (Average)

House Payment to Who Pays Total

Rental Payment to Who Pays Total

Car Loan to Who Pays Total

Car Loan to Who Pays Total

Electricity Who Pays Total

Gas (Home) Who Pays Total

Phone Who Pays Total

Water/Garbage/Sewer Who Pays Total

Groceries/Housewares Who Pays Total

Cable TV Who Pays Total

Internet Who Pays Total

Laundry Who Pays Total

Meals (other than house) Who Pays Total

Clothing Who Pays Total

Donations Who Pays Total

Pest Control Who Pays Total

Day Care Who Pays Total

Gas/Oil/Auto Care Who Pays Total

Entertainment Who Pays Total

Property Taxes Who Pays Total

Property Insurance Who Pays Total

Health Insurance Who Pays Total

Disability Insurance Who Pays Total

Vacation Who Pays Total

Education Who Pays Total

Medical/Dental/Prescriptions Who Pays Total

Student Loans Who Pays Total

Other: Who Pays Total

Total Monthly Expenses $

Part 9. - Joint Assets

JOINT ASSETS: DESCRIPTION OF JOINT ASSETS

(To avoid confusion at a later date, describe each item as clearly as possible. These are considered marital assets and owned by both Husband and wife.)

Cash (on hand) $

Cash (in banks/credit unions) Value

Stocks/Bonds Value

Notes (money owed to you in writing) Value

Money owed to you (not evidenced by a note) Value

Real estate: (Home) Value

(Other) Value

Business Interests Value

Automobiles Value

Boats Value

Other vehicles Value

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Value

Furniture & furnishings in home Value

Furniture & furnishings elsewhere Value

Collectibles Value

Jewelry Value

Life insurance (cash surrender value) Value

Sporting and entertainment (T.V., stereo, etc.) equipment Value

CD's Value

Other assets Value

Total Assets of Husband and Wife (Marital Assets) $

Part 10. - Retirement Accounts

Retirement Accounts Account Number Current Fair Market Value

Part 11. - Separate Assets of Husband

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF HUSBAND

(To avoid confusion at a later date, describe each item as clearly as possible.)

Cash (on hand) $

Cash (in banks/credit unions) Value

Stocks/Bonds Value

Notes (money owed to you in writing) Value

Money owed to you (not evidenced by a note) Value

Real estate: (Home) Value

Date Acquired Purchase Price

(Other) Value

Business interests Value

Automobiles Value

Boats Value

Other vehicles Value

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Value

Furniture & furnishings in home Value

Furniture & furnishings elsewhere Value

Collectibles Value

Jewelry Value

Life insurance (cash surrender value) Value

Sporting and entertainment (T.V., stereo, etc.) equipment Value

CD's Value

Other assets Value

Total Assets of Husband $

Part 12. - Separate Assets of Wife

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF WIFE

(To avoid confusion at a later date, describe each item as clearly as possible.)

Cash (on hand) $

Cash (in banks/credit unions) Value

Stocks/Bonds Value

Notes (money owed to you in writing) Value

Money owed to you (not evidenced by a note) Value

Real estate: (Home) Value

(Other) Value

Business interests Value

Automobiles Value

Boats Value

Other vehicles Value

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Value

Furniture & furnishings in home Value

Furniture & furnishings elsewhere Value

Collectibles Value

Jewelry Value

Life insurance (cash surrender value) Value

Sporting and entertainment (T.V., stereo, etc.) equipment Value

Other assets Value

Total Assets to Wife $

Part 13. - Liabilities of Both Husband and Wife

LIABILITIES AND DEBTS: DESCRIPTION OF DEBT(S) OF BOTH HUSBAND AND WIFE.

INDICATE WHETHER DEBT IS HUSBAND'S, WIFE'S OR BOTH

(To avoid confusion at a later date, describe each item as clearly as possible.)

Mortgages on real estate: (Home) Debt of Monthly Payment Current Amount Owed

(Other) Debt of Monthly Payment Current Amount Owed

Charge/credit card accounts Debt of Monthly Payment Current Amount Owed

Auto loan Debt of Monthly Payment Current Amount Owed

Auto loan Debt of Monthly Payment Current Amount Owed

Bank/credit union loans Debt of Monthly Payment Current Amount Owed

Money you owe (not evidenced by a note) Debt of Monthly Payment Current Amount Owed

Judgments Debt of Monthly Payment Current Amount Owed

Other Debt of Monthly Payment Current Amount Owed

Total Debts and Liabilities of Husband and Wife $ $

Part 14 - Inheritance

Describe property inherited by husband (please provide dates)

Describe property inherited by wife (please provide dates)

Part 15 - Documents that may be needed, especially if the divorce is contested.

Documents (May be needed)

Federal, State, and Local Tax Returns

Payroll and W2 Forms

Deeds

Business Tax Returns

Mortgages

Leases

Bank Account Records

Stock Certificates

CD’s

Auto Titles

Insurance Petitions

Appraisals

Birth Certificates

INS Documents

Social Security Card

Marriage License

Prior Divorce Documents

Any and all documents relating to income, expenses and assets.

Premarital Agreement, if any, as well as any other written agreements between Husband and Wife

Part 16 - Settlement Worksheet

Property Settlement Agreement Worksheet

Who will receive title to the marital home? H W

Who will pay monthly payment on marital home? H W

Who will pay the utilities for the marital home? H W

What marital assets will husband receive?

What marital assets will wife receive?

What marital debts will wife pay?

What marital debts will husband pay?

What separate property of husband will wife receive?

What separate property of wife will husband receive?

What separate debts will be paid by husband?

What separate debts will be paid by wife?

Custody of children:

Part 17. Typical No Fault Procedures

No Fault Procedures

1. A Complaint, Petition or Joint Complaint is filed in the County of your residence. Some states allow a joint complaint while others do not. In states that do not allow a joint complaint, one party will file a complaint or petition for divorce or dissolution of marriage.

2. At the time of filing the complaint a filing fee is paid. Some courts require a cover sheet providing basic information about the case. Ask your clerk for this form if the clerk states one is required.

3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons to answer the complaint or will execute a waiver of summons and entry of appearance. Some states require that a summons be issued, while others will allow a defendant to file a waiver. Ask your clerk.

4. If a summons is required, the Defendant may file an answer admitting that a divorce should be granted based upon an agreement of the parties. An answer is not required in all states.

5. After the complaint and the waiver or answer are filed, you need to determine how to present a judgment of divorce to the court. Some states have a waiting period, such as no judgment may be presented until 60 days after the complaint is filed.

6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to present the judgment to the judge. Some states require an actual hearing, some will allow the divorce to be presented on affidavit and others require no evidence beyond the contents of the complaint.

7. Present the Separation Agreement and Judgment to the Judge.

Part 18 - Witness Testimony

Summary: Some states require actual testimony, even in a no fault divorce. The sample below is only a sample of questions that a witness may be asked in an uncontested divorce.

Witness Testimony – Sample Questions and Answers

1. Please state your name. Answer:

2. Where do you live (address)? Answer:

3. How long have you lived there? Answer:

4. Do you know __________ and ____________?

5. How long have you known them? Answer:

6. Do you know where they live?

7. What county and State do they live in? Answer:

8. How long have they lived there? Answer:

9. Have you been in their house before? Answer:

10. How many times? Answer:

11. To your knowledge, are Husband and Wife now separated? Answer:

12. Do you know when they separated? Answer:

13. Do you understand that ____________ and ____________ are asking the court for a divorce on the grounds of ____________? Answer:

14. Can you tell the court what you know about the parties and the ground they seek to use to obtain a divorce? Answer:

15. Do you believe the parties are entitled to a divorce on the ground of ________? Answer:

Part 19. Sample Presentation of Divorce Complaint to Judge – Ex parte, in open Court where no witnesses are required, or before Presenting Witnesses

Sample Presentation of Divorce – No fault No Children

1. Court Clerk, Administrator or Judge Calls Case and asks if parties are ready.

2. Your Honor, My name is and I am the [Plaintiff, Petitioner, Joint Complainant] in this case. I am ready to proceed.

3. Judge advises you to proceed.

4. I am requesting a divorce from on the grounds of . Or and I are requesting a divorce on the grounds of .

5. I have filed a Complaint/petition on with the court clerk. Or. and I have filed a joint complaint for divorce with the clerk on

6. If Complaint or Petition state, After filing the Complaint, was served with summons or entered a waiver of process and entered an appearance.

7. and I have lived in County for prior to filing for divorce.

8. There were no children born to the marriage, none adopted and , wife, is not pregnant.

9. and I have agreed on all terms of the divorce, including property settlement, payment of debts, and other terms required by law.

10. We have executed and filed a Property Settlement Agreement containing all terms of our agreement to settle the divorce.

11. The agreement basically provides that: (summarize main parts of agreement)

Child Custody and Visitation

Child Support

Alimony

Property Division

Debt Division

12. I am presenting to the Court today a Final Judgment of Divorce which incorporates the terms of our agreement and asking the court to enter same if it is in acceptable form and content.

Part 20 – Complete if Child Custody will be contested

Child Custody

Husband Wife Both

1. Who helps children with homework?

2. Who takes children to school?

3. Who takes children shopping?

4. Who disciplines the children?

5. Who do the children go to for advice?

6. Who prepares meals for the children?

7. Who reads to the children?

8. Who encourages religious training?

Part 21. – Child support

Summary: Typically, most states have enacted child support guidelines which establish the amount of child support that is presumed to be the correct amount due. This presumption may usually be rebutted however, by a showing that the application of the guidelines in the particular case would result in an inappropriate or unjust outcome.

Part 22. - Visitation

Summary: When minor children are involved in a divorce action, both parents must be mindful of the effects of divorce upon children and should therefore resolve to arrange a visitation schedule which encourages the child to develop meaningful relationships with both parties.

Signature

END