Virginia Complaint for Divorce
Overview of this form
The Complaint for Divorce is a legal document used to initiate divorce proceedings when a marriage has no children. This form outlines the petitioner's intent to dissolve the marriage based on specific circumstances. It is essential for individuals seeking a divorce without the complications involved in child custody or support claims, distinguishing it from other divorce forms that may include parental considerations.
Form components explained
- Identification of the parties involved: plaintiff and defendant.
- Details of the marriage, including date and location of the marriage.
- Confirmation that no children were born of the marriage.
- Statement of separation and duration without cohabitation.
- Declaration of residency requirements for divorce proceedings in Virginia.
- Request for a divorce based on irretrievable breakdown of the marriage.
Situations where this form applies
This form should be used when a married couple decides to divorce and has no children. It is appropriate in situations where both parties have lived separately for more than one year and have no marital property or debts to distribute. This simplifies the divorce process, allowing for a more straightforward legal procedure.
Who should use this form
- Individuals who are married and wish to file for divorce without child custody issues.
- Couples who have been living separately for over one year.
- Parties who have no marital property or debts.
- Residents of Virginia who meet the state's residency criteria for divorce.
Completing this form step by step
- Identify the plaintiff and defendant and provide their contact information.
- Enter the details of the marriage, including the date and place of marriage.
- Indicate the date of separation and confirm no children were born of the marriage.
- State that both parties waive any claims for maintenance from each other.
- Sign the form and include the attorney's name if represented.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Typical mistakes to avoid
- Failing to provide accurate dates of marriage and separation.
- Not confirming both parties meet the age and residency criteria.
- Leaving out signatures or required contact information.
- Incorrectly filling out the plaintiff and defendant information.
Why use this form online
- Convenience of downloading and filling out the form at your own pace.
- Editability allows you to customize the form to fit your specific situation.
- Access to templates drafted by licensed attorneys ensures legal compliance.
Legal use & context
- This form is specifically structured to comply with Virginia's divorce laws.
- It may only be used in jurisdictions that recognize similar grounds for divorce.
- Consulting with a legal professional is recommended to understand the implications of filing.
Form popularity
FAQ
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The divorce laws in Virginia provide for married couples to divorce in as a little as 2 weeks if all requirements are met. Our firm provides a 2 week uncontested divorce for $695 plus the court fees of $86. We also offer an uncontested divorce in Virginia which takes 5 weeks and costs just $495 plus $86 court fees.
After a divorce becomes final -- whether through settlement agreement or after a court decision -- either spouse may still have an opportunity to challenge certain decisions made by the court. One or both spouses can seek to appeal or modify their divorce decree.
You will file your divorce papers with the Circuit Court by going to the clerk of court's office in the county or city where you and your spouse last lived together or where your spouse still lives. You may use Virginia's Circuit Court Civil Filing Fee Calculator to determine your exact filing fees.
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.
According to them, Virginia is the 8th most expensive state to divorce in, with an average cost of $14,500.
Your Answer must respond to each numbered paragraph by either admitting the information in the paragraph, or denying the information in the paragraph. Your Answer also can be followed by a Cross-Bill, which is your petition to the court for a divorce for the reasons set forth in your Cross-Bill.
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.
If you were not the spouse that filed for divorce, you generally cannot stop the process unless you convince the filing spouse to order a retraction. The only right you have once your spouse has filed the paperwork is to contest its terms.
