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To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.
To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
This form is used as a report of divorce or annulment for the Department of Health-Division of Vital Records in Richmond, Virginia. The information contained in this form is used for statistical purposes by the State. No Final Order of Divorce will be entered by the Court without a completed VS-4 form.
Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months.
In general, a decree must state all of the terms of the divorce, including any and all agreements between the spouses and the court's decision on all contested matters. The divorce decree must include information establishing that one or both parties meet the residency requirements for a Virginia divorce.
A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment.
The basic form that you'll need to prepare will be the divorce complaint, which tells the court what you're requesting in your divorce. When filing for an uncontested divorce, you will also include your settlement agreement and a proposed final divorce decree that matches the provisions in your agreement.