This form is a Complaint in Virginia Circuit Court. Plainitff is seeking a divorce and a ruling that the juvenile court will decide custody of the child currently living with Plaintiff.
Virginia Complaint for Divorce with Children
Category:
State:
Virginia
Control #:
VA-LS-020
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Virginia Complaint for Divorce with Children is a legal document filed by an individual seeking to dissolve their marriage when there are children involved. This form outlines the grounds for divorce, information about the children, and jurisdiction details regarding custody and support. It serves as a formal notification to the other spouse and the court of the intent to divorce and resolve related issues.
How to complete a form
To complete the Virginia Complaint for Divorce with Children, follow these steps:
- Begin by filling in the case number and court details at the top of the form.
- Input personal information, including names, addresses, and date of marriage.
- Detail information regarding any children, including names and birth dates.
- Provide the reasons for seeking a divorce, such as separation duration.
- Sign and date the form, preferably in the presence of a notary public.
Take care to read each section carefully and provide accurate information to avoid delays.
Who should use this form
This form is intended for individuals residing in Virginia who are looking to file for divorce and have children with their spouse. It is suitable for users with no significant assets or debts, making the process more straightforward. This form is especially beneficial for those seeking a legally binding resolution regarding custody and child support during the divorce process.
Key components of the form
The Virginia Complaint for Divorce with Children includes several essential components:
- Parties Information: Names and contact information of both spouses.
- Marriage Details: Date and location of marriage.
- Children’s Details: Names and birth dates of children.
- Grounds for Divorce: Reason for filing for divorce along with the time since separation.
- Legal Jurisdiction: Confirmation of the court’s authority over custody and support matters.
Each of these sections must be completed thoroughly to ensure the form's acceptance by the court.
State-specific requirements
When filing a Virginia Complaint for Divorce with Children, you must adhere to certain state-specific requirements:
- Both parties must have been residents of Virginia for at least six months before filing.
- The form must be filed in the correct jurisdiction based on where the child resides.
- Required supporting documents may include the marriage certificate and any existing custody agreements.
Understanding these requirements will help ensure that your filing proceeds without complications.
Common mistakes to avoid when using this form
When completing the Virginia Complaint for Divorce with Children, be mindful of the following common mistakes:
- Entering incorrect or incomplete information about the parties and children.
- Failing to provide the necessary supporting documents when filing.
- Not signing the form or neglecting to have it notarized.
- Overlooking specific court requirements related to jurisdiction.
Avoiding these errors can help streamline the divorce process for both parties involved.
What to expect during notarization or witnessing
During the notarization process for the Virginia Complaint for Divorce with Children:
- You must bring a valid form of identification.
- A notary public will verify your identity and witness your signature.
- Ensure all pages of the form are signed in the presence of the notary.
Having your form notarized adds a layer of authenticity and ensures proper legal standing when submitted to the court.
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FAQ
If the couple has children, however, the couple must have been separated for at least a year. Their written separation agreement also must include an adequate solution to the future custody and support of their children. The separation agreement lays the framework for an uncontested divorce.
Do you need a legal separation before divorce in Virginia? No, because there is no state of being legally separated in Virginia. However as discussed above, you do generally need to live separately from your spouse for either six months or a year, depending on which type of divorce you qualify for.
In the state of Virginia, it is required that you live apart from your spouse for at least a year before you can file for uncontested divorce (six months if you have no minor children as well as a signed separation agreement). Legal separation is defined by physical separation, as well as the intent to be separated.
Ensure that you physically separate from your significant other. Determine where you are going to file. File the forms and serve the other party. Request and attend a hearing or alternatively file an affidavit. Obtain a final order from the judge.
The separation agreement is a legally binding contract once the parties sign it; it becomes a part of the divorce decree once the divorce is finalized by the court. This agreement is not required, though, to separate in Virginia. You can sign one before you officially separate or after.
Virginia divorce laws allow any spouse to request spousal support from the other to prevent financial hardship. The court will determine whether alimony is just by considering the needs and economic conditions of both parties involved.
If your spouse refuses to sign the divorce papers, you can file for a contested divorce.If your spouse doesn't respond or show up in court, the court can grant a default divorce, meaning that by default, you are given the divorce you want and the terms you asked for in your filing.
Family law attorneys are frequently asked if there is an advantage to filing first. Whether it is for divorce, support or child custody, the answer is both yes, there is an advantage, and no, there is no advantage to filing your complaint first.
Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.