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Understanding Your Options. There are four ways that an uncontested divorce can be finalized in Virginia: affidavit, deposition, ore tenus hearing or commissioner's hearing. All four options are described below, however, by affidavit is used across the state and is the easiest method.
However, filing the paperwork is just the start. Once the other spouse is served, they have 21 days to file their answer with the court. There are also many ways and reasons for a souse to request an extension of time to file a response.
The papers can be served in person, either at the defendant's residence or another location. Usually this is accomplished by a Deputy Sheriff or a comparable official. 2. The papers can be given to a member of the defendant's household, so long as the person receiving delivery is at least 16 years old.
If the divorce is uncontested by the service member, then he or she need only sign a waiver of acknowledgement. Otherwise, the military spouse must be served in person with a summons and a copy of the divorce action. A qualified Virginia divorce lawyer should be able to help you arrange this.
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.