VIRGINIA DIVORCE PAPERS WITH SAMPLES AND EXPLANATIONS

The documents listed below are the primary documents for a Virginia uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required when filing your Virginia uncontested divorce.

Understanding the Virginia Divorce Papers:

• Case Cover Sheet: The divorce Case Cover Sheet identifies the parties and the likely trajectory of the case. It is filed in with the Bill of Complaint for Divorce and any Cross-Bill of Complaint, which sometimes happens when the defendant contests the divorce and wishes to make his or her allegations about the case.
• Bill of Complaint for Divorce: This form starts the divorce action by requesting the court for the divorce.

Sample Complaint for Divorce for Virginia (first page only)

• Verification: A statement that certifies that the facts in the Complaint are true.
• Acceptance/Waiver of Service of Process: The defendant signs the Acceptance/Waiver Form when he or she waives formal service of process. Signing the Acceptance/Waiver of Service typically happens when the Defendant agrees to the divorce and decides not to contest it.

Sample Acceptance/Waiver of Service of Process for Virginia (full document)

• Marital Settlement Agreement: This agreement between the husband and wife sets forth the terms and conditions of the divorce, including the division and distribution of assets and liabilities, spousal and child support, and visitation.

Sample Marital Settlement Agreements for Virginia (first 2 pages only)

• Schedule for Visitation/Parenting Time of Minor Children: This form spells out the custody regime and establishes the visitation routine for the custodial and noncustodial parent.
• Answer to Bill of Complaint for Divorce: When the Defendant consents to the divorce, he or she can sign this one-page, one sentence statement that he or she does not object to the granting of the relief requested within the Complaint.
• Financial Affidavit: This form details the monthly income and expenses of each party.
• Child Support Worksheet (Shared Custody): The Shared custody Child Support Guidelines Worksheet is used when the parents share physical custody.
• Child Support Worksheet (Split Custody): Split custody is limited to those situations where each parent has physical custody of a child or children born of the parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent.
• Declaration Under Uniform Child Custody Jurisdiction Act: This declaration certifies that the parties comply with the UCCJEA and establishes the place of residence of minor children involved in the divorce action.
• Affidavit of Corroborating Witness: In this affidavit, a witness "affirms and verifies under oath and based upon personal knowledge, the following factual support for the allegations and grounds of divorce stated" by either the petitioner or the respondent.
• Request for Ore Tenus Hearing: The Plaintiff files a Request for Ore Tenus Hearing 1) if the defendant, having filed an Answer, agrees to the action, or 2) if he or she fails to respond within 21 days of receipt of the Bill of Complaint. In cases of agreement, the Property Settlement Agreement and Final Decree may be attached to the Request. A copy of the Request must be served on the Defendant.
• Decree of Divorce: The Final Decree of Divorce (Simple), used when there are no children and the final property settlement is "ratified, affirmed and incorporated" into the decree, or the Final Decree of Divorce with Child/Spousal Support, used when there are children and spousal support provisions and the final property agreement is "ratified, affirmed and incorporated" into the decree.

Sample Decree of Divorce for Virginia (first 2 pages only)