If you and your spouse have agreed to divorce, you don’t want to go through the process spending more time, money, or energy than necessary. You may have found some Virginia uncontested divorce forms and thought you could fill them out yourself.
But the wrong form, a missing document, or an incomplete agreement can delay your divorce or create problems down the road. Before you start filling out paperwork, here’s what you need to know for an uncontested divorce in Virginia.
What Forms Do You Need?
The right paperwork depends on your situation. For example, a couple without children who have agreed on how to divide their property may have different needs than a couple working through custody or child support.
In most cases, you will need documents that cover several parts of the process. These include:
- Starting the divorce: You can file a complaint for divorce with the appropriate Virginia Circuit Court.
- Providing case information: You may need cover sheets and other court-required documents.
- Notifying your spouse: You must follow the applicable service requirements or use a legally valid alternative.
- Explaining the grounds for divorce: Your paperwork must establish that you meet Virginia’s legal requirements.
- Finalizing the divorce: You will need the appropriate documents and evidence for the court to enter a final divorce decree.
Along with that, you may also need a written separation agreement or documents addressing property, debts, custody, and support.
There’s no single packet that works for every couple. You can start with the Virginia Courts’ official forms page, then check the instructions for the Circuit Court where you will file.
Do You Meet Virginia’s Divorce Requirements?
Before you spend time tracking down forms, make sure you qualify for the divorce.
Virginia requires couples seeking a no-fault divorce to live separate and apart without cohabitation and without interruption for at least one year.
If you have no minor children together and have a written separation agreement, you may qualify for a shorter, six-month separation period. However, you will need to meet the other legal requirements.
Virginia also has a residency requirement. In most cases, at least one spouse must have been a bona fide resident and domiciliary of the state for at least six months before filing.
Mistakes That Can Slow Things Down
Divorce paperwork can look pretty easy until you start filling it out. That’s when people discover that a few small details can make a big difference. Here are a few mistakes:
- Using the wrong forms: Not every divorce follows the same process. If a document doesn’t fit your circumstances, you may have to correct your paperwork or start over.
- Getting the separation dates wrong: Virginia’s separation requirements can be specific. If you don’t meet the applicable timeline, you may not qualify for a no-fault divorce.
- Overlooking service requirements: Your spouse must receive proper notice of the case unless a legally valid alternative applies. Telling your spouse that you’ve filed isn’t enough.
- Leaving details out of your agreement: You may agree on the big picture but overlook something such as responsibility for a debt or what happens to a retirement account.
- Assuming the divorce is final once you file: Filing the paperwork is only part of the process. You still need to meet the court’s requirements and obtain a final divorce decree.
Should You Hire an Attorney for an Uncontested Divorce?
You may not need an attorney for every uncontested divorce. But you need to know what you’re putting into the agreement. Decisions about your home, finances, retirement benefits, and children can affect you for years. Once a divorce is finalized, changing those terms can be difficult.
If you have large assets, shared debts, retirement accounts, or questions about custody or support, professional legal advice can help you know your options before you sign anything.
You can still get an amicable divorce while getting help with the parts that feel confusing or complicated.
DIY Divorce Options Are Not Always the Best
Virginia uncontested divorce forms are available, but if you have questions or don’t know all of the answers, you could run into trouble. Sometimes, it is a good idea to seek legal help, even with an uncontested divorce.
At AC Rieman Law, we can help you meet Virginia’s divorce requirements and work through questions about your paperwork.
If you’re considering an uncontested divorce in Virginia, reach out today for a consultation. We can help you make sure you don’t make mistakes that could affect the outcome of your divorce.