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Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Why Choose Divorce.com?

Benefits of an online divorce

Paperwork is a crucial part of any divorce, regardless of whether it is contested or not. Even a single mistake in divorce forms could potentially lead to the petition's rejection and delays in a divorce case. To avoid such risks and prepare your divorce application quickly, you can either hire an attorney to fill out divorce forms for you or take advantage of Divorce.com.

Divorce.com is an affordable alternative to lawyers in an amicable divorce. Using this service, you can get your ready-to-sign divorce forms in just two business days.

Benefits of an online divorce

We provide an automated online interview that will help you complete your divorce papers after answering the list of questions about your marriage and what you want to request. Once the questionnaire is completed, the prepared divorce forms packet will be available to download in a PDF format, within only two business days.

Benefits of an online divorce

Virginia Divorce Forms

The legal paperwork the spouses must file at different stages of the Virginia divorce process depends on each couple's specific circumstances. For example, the required forms may vary depending on the type of divorce, the type of service, whether the spouses have minor children, and whether they need any attachments relating to alimony, custody, property, debts, etc.

Basic divorce papers may include, but are not limited to:

  • Complaint for Divorce
  • Summons
  • Plaintiff Affidavit
  • Divorce Case Cover Sheet
  • Report of Divorce (Form VS-4)
  • Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice (Form CC-1406)
  • Service Other Than by Virginia Sheriff (Form CC-1407)
  • Answer
  • Final Decree of Divorce
  • Property Settlement Agreement
  • Separation Agreement
  • Motion and Order to Proceed without Payment of Fees/Costs
  • Child Support Guidelines Worksheet (Form # DC-637)
  • Child Support Guidelines Worksheet—Split Custody (Form # DC-638)
  • Child Support Guidelines Worksheet—Shared Custody (Form # DC-640)

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Steps to Consider

Filing for Divorce in Virginia

Residency Requirements

For the Virginia courts to have jurisdiction over a divorce case, a couple must meet the state's residency requirements. In particular, at least one of the parties must have been a Virginia resident for at least six months before filing a divorce petition.

In addition, state residents must start a divorce in the county where either spouse currently lives or in the last area where the spouses lived together as a family.

Grounds for Divorce

Virginia state laws allow both fault and no-fault divorces. Fault-based grounds for divorce imply that the petitioner must prove their spouse's misconduct, including adultery, cruelty and bodily harm, willful abandonment, or felony conviction (for at least one year).

The spouses can get a no-fault divorce if they have lived separately and apart, without cohabitation, for at least one year. However, if the spouses have entered into a Separation Agreement and do not have minor children, a six-month separation is enough.

Initial Filing

In the state of Virginia, divorce cases are handled by Circuit Courts. Child support, child custody, and visitation issues can be heard in the Juvenile and Domestic Relations District Court.

Thus, to apply for divorce, the petitioner (the spouse initiating the case) must file the initial divorce forms with the Circuit Court Clerk's Civil Office or through the e-filing system, if this option is available in their county.

Filing Fees

Filing for divorce, the petitioner must pay mandatory filing fees, about $80-$100, depending on case type and location. Additional court fees may include a Sheriff's fee and a fee to restore the Maiden Name.

The spouses may view the fee schedule on Virginia’s Circuit Court Civil Filing Fee Calculation webpage.

If the petitioner is low-income and cannot afford to pay, they can ask the court for a fee waiver by completing a Petition for Proceeding in a Civil Case Without Payment of Fees or Costs.

Serving the Respondent

Unless the respondent agrees to sign an acceptance and waiver form before a notary, the petitioner must serve them with copies of all submitted divorce papers.

However, the petitioner cannot deliver the documents by themselves. Instead, personal service can be accomplished by a Deputy Sheriff or other person authorized to serve in the process under Virginia Code. In such a case, the petitioner must also complete the Summons and attach them to the Complaint.

Waiting Period

Virginia does not require a waiting period after filing the necessary divorce forms. So, the court generally considers the divorce petition according to its workload.

Instead, the length of divorce mainly depends on the grounds for divorce. For example, seeking a no-fault divorce, the spouses must have lived separately for six months or one year (depending on whether they have kids). Also, fault-based grounds, such as willful desertion or cruelty, require one year of separation to finalize the divorce.

Finalizing a Divorce Case

Once served with divorce papers, the respondents have 21 days to file an answer. Respectively, if the respondent waives the service, the dissolution of marriage timeline could be shortened.

To finalize an uncontested divorce, the spouses must sign the proposed Final Divorce Decree, Settlement Agreement, and the rest of the divorce forms and submit them for court approval. Then, the judge reviews all the documents at an uncontested divorce hearing and enters a final judgment of divorce.

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How to Fill Out Divorce Forms in Virginia

Filling out legal forms is one of the most important and time-consuming stages of any divorce. When it comes to an agreed (uncontested) divorce, the spouses may try to fill out all the required documents by themselves, following the steps below:

  • Discuss the divorce terms with each other. For example, spouses may discuss whether they agree to waive the service to choose the proper acknowledgment of service and response papers.
  • If parties want to file for an uncontested divorce, they should negotiate all the divorce-related issues to draw up a Settlement Agreement.
  • The required divorce forms can be obtained from the Clerk's Office of the appropriate Circuit Court or the self-help section on the Virginia Judicial System website.
  • Read all of the chosen forms and the attached instructions thoroughly.
  • Get familiar with relevant Virginia Family Law regulations and related legal terminology.
  • Not all divorce forms must be filed at once, and some of them are provided for the respondent to complete. So, parties may organize all the divorce forms in chronological sequence for their convenience.
  • Fill out the initial divorce papers first by checking all the boxes and presenting detailed answers when required.
  • Look through the completed documents to avoid mistakes and typos, and check which forms must be signed in front of a notary.
  • Make two copies of each divorce form: for the petitioner and for the respondent.
Child custody

Getting a Divorce with Children in Divorce.com

Child Custody

In determining custody, Virginia courts follow the principle of the best interests of the child. Generally, both parents have equal rights to be awarded custody, unless there is evidence of domestic violence or other substantial risks of harm to the child.

Thus, child-related issues shall be considered on a case-by-case basis, and the judges use the following custody evaluation factors:

  • The child's and parents' mental health
  • The child's relationship with each parent
  • The child's needs, including any special needs
  • Each parent’s willingness and ability to cooperate with the other and support the other parent's relationship with the child
  • Any history of domestic violence, emotional abuse, drug abuse, etc.
  • And other factors that can help determine the child's best interests.
Child custody

Based on these factors, the court orders the following custody arrangements or their combinations:

  • Joint legal custody, meaning that both parents are responsible for crucial decisions in the child's life.
  • Joint physical custody, meaning that both parents are in charge of the everyday care of the child and spend substantial, though not necessarily equal, time with the child.
  • Sole custody is when one parent gets legal and physical custody, and the non-custodial parent is awarded visitation time.

The divorcing spouses filing for an uncontested divorce must decide custody by themselves and develop a detailed parenting plan.

Uncontested Divorce in Virginia

An uncontested divorce occurs when both parties agree to resolve their disputes independently, without court involvement. They must outline their arrangements concerning finances, property division, and parental rights and obligations by creating a Settlement Agreement.

Generally, an uncontested divorce is a more straightforward way to terminate the marriage, requiring less time than litigation. This allows couples to reduce divorce expenses. Even if the spouses have disagreements, they can settle them without addressing a law firm and hiring a full-scope divorce lawyer.

Instead, the spouses can resort to mediation, an alternative dispute resolution method where an impartial divorce mediator facilitates negotiations between the parties and helps them create their Settlement Agreement. If the spouses have already agreed on the divorce terms but need help with paperwork, they can use online divorce services, like Divorce.com, providing a fast and simple way to prepare divorce forms.

Child Support

Usually, the parent who does not have physical custody of their child must make child support payments. To determine the amount of child support, the courts use Virginia Child Support Guidelines.

Child custody

According to these guidelines, child support must cover such expenses as shelter, food, clothing, health insurance, education, and, in some cases, extraordinary medical costs.

An exact amount of payment in a particular divorce case must be calculated with the help of a formula that takes into account each parent's monthly gross income, the number of children, custody arrangement, the cost of daycare, health insurance, etc.

The support order must be reviewed every three years to ensure compliance with the current financial situation of each parent and the needs of the child.

Child Support

FAQ

How long will it take to get divorced in Virginia?

It typically takes 30 to 90 days to finalize an uncontested divorce in Virginia, while contested cases may take up to 18 months.

Can I get a free divorce in Virginia?

If the spouses arrange a DIY divorce and qualify to have their filing fees waived, they can get a free divorce. To arrange for this, the petitioner must submit a fee waiver application to the court.

How do I file for divorce in Virginia?

The petitioner must file the initial divorce documents with the Clerk of the Circuit Court or via the Virginia Judiciary E-Filing System, if their county recognizes the e-filing option.

How much does a divorce cost in Virginia?

The cost of divorce in Virginia is about $14,000. However, an uncontested divorce doesn't have to be that expensive. By choosing Divorce.com to complete legal forms, the spouses can significantly reduce costs.

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