Call Us - (888) 665-6782 How it Works (Short Video) START NOW
Court
Approval
or Your
Money
Back
A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
Watch Video Read Reviews Is This Your 1st Divorce? Is It For You? Demo

DO IT YOURSELF DIVORCE IN VIRGINIA

Doing your own divorce in Virginia is very common, especially when you and your spouse agree about everything, thus making your divorce uncontested. It is the easiest type of divorce to file. Even though there is still quite a bit of paperwork to file, the timeline is much shorter and the cost is much less. Before completing your paperwork, review the Virginia divorce process below.

Virginia Grounds for Divorce

The no-fault grounds to file in the Virginia Courts is living separate and apart without any cohabitation and without interruption for one year, or if there are no children of the marriage, six months; the fault grounds are adultery, incarceration, or cruelty.

A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.

Establishing Residency fro Divorce in Virginia

One of the parties must be a resident and domiciliary of Virginia for at least six months before filing for divorce in Virginia.

Virginia Divorce Filing Process

In addition to the Complaint for Divorce, the plaintiff files the VS-4 (Vital Statistics) Form, and Cover Sheet for Filing Civil Actions, and after completing several all the forms, he or she makes at least two copies of everything and keeps one. The plaintiff files the divorce papers in the Circuit Court of the county or city where the spouses last lived together or where either the plaintiff or the defendant still lives.

The defendant receives his or her copy of the papers as part of service of process or personal delivery.

Each spouse must make full disclosure to the other of all assets, liabilities, and income.

divorce process In an uncontested divorce, spouses avail themselves of an expedited divorce. In an uncontested situation, the plaintiff files a Request for Ore Tenus Hearing, which is a hearing in front of a judge. The plaintiff submits an Ore Tenus Request form and a Final Decree of Divorce as well as proof of service and a completed VS-4 Form and the separation agreement if the spouse signed one.

On the date of the hearing, the plaintiff brings the divorce papers to court as well as one corroborating witness with direct personal knowledge of the marriage and circumstances of its breakdown. If all legal requirements are met, the judge grants the divorce at the Ore Tenus hearing and signs the final divorce decree. Here is more information regarding the process of filing uncontested divorce papers in Virginia.

On the other hand, spouses unable to agree face the likelihood of a contested divorce, which can mean a trial where a judge decides the open issues.

Unlike some other states, Virginia does not have a waiting period for a divorce. The date the judge signs the Decree of Divorce is when the divorce becomes final. Learn the best ways to save money when doing your own divorce in Virginia.

Do It Yourself Online Divorce in Virginia

Filing for divorce in Virginia is easy with our simple, quick, and affordable online divorce software. In as little as 20 minutes you can have all your completed divorce forms and filing instructions ready for signing and filing. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times. See if you qualify below:

Property Division Rules in Virginia

Virginia is an equitable distribution state, which means if the spouses don't agree, the court divides the marital estate fairly but not necessarily equally.

In dividing property the court considers the contributions, "monetary and non-monetary," of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the "character of all marital property," and "other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award."

Separate property is (1) all property, real and personal, acquired by either party before the marriage; (2) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (3) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (4) that part of any property classified as separate property. By comparison, marital property is property acquired by either party during the marriage that is not separate property; property that is part marital and part separate; and property whose title is held by both parties.

In dividing property, the court determines the spouse who owns the property, and it sets its value; classifies property as marital or separate, or partially each; and considers the rights, interests and equities of the parties.

As in other jurisdictions, divorcing couples normally sell the marital home and divide the profits, or sell the home to one party and refinance, or the custodial parent occupies the house until the last child leaves school and then it is sold.

The court may include the retirement benefits and plans earned by both spouses as marital assets available for division. Retirement plans are either Defined Contribution Plans (DC), such as a 401(k), or Defined Benefit Plans (DB), which is the company pension. That part of a pension accumulated during a marriage is community property and subject to distribution. When spouses share in each other's pension plan, a Qualified Domestic Relations Order (QDRO) must be prepared. The QDRO spells out the terms and conditions of the pension distribution.

Virginia Alimony, Maintenance, and Spousal Support

The court may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors that contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce. Virginia courts can bar support, particularly if one spouse was unfaithful or deserted the other spouse, and unless such a denial of support would be unjust, permanent alimony is not to be awarded to a spouse who is at fault in a divorce granted on the grounds of adultery.

In deciding of whether or not support shall be awarded, how much, and for how long, the court considers the obligations, needs and financial resources of the parties.

Determining Child Custody in Virginia

In determining custody, the court gives primary consideration to the best interests of the child. The court assures minor children of frequent and continuing contact with both parents, when appropriate, and encourages parents to share in the responsibilities of parenting.

As between the parents, there is no presumption in favor of either, and the court may award joint custody or sole custody.

In determining the best interests of a child, the court considers a variety of factors including the age, physical and mental condition of the child as well as each parent, the needs of the child, the role of each parent and his or her rapport with the child, and the "willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child," family abuse, and "other factors as the court deems necessary and proper to the determination."

Spouses contesting child custody, visitation, or support must attend a parenting class. The court may also order attendance in uncontested cases.

Virginia Child Support Obligations

Virginia calculates child support on the Income Shares model, which bases the level of support on the combined income of both parents. In any proceeding on the issue of determining child support, the court may order health care coverage for dependent children and for a spouse or former spouse, and it may order a party to maintain any existing life insurance coverage.

In Virginia, child support guidelines are statutory and are based on gross income of the parents.

In the Income Shares model, a child receives the same proportion of parental income that he or she would have been received if the parents had not divorced because in an intact household, both parents pool their income and spend it for the benefit of all household members, including any children. Income Share considers the gross income of both parents and then establishes the proportion each contributes and divides it among their minor children.

If the noncustodial parent earns more than the custodial parent, the noncustodial parent assumes a higher share of the child's support, but if the noncustodial parent earns less than the custodial parent, he or she pays a smaller share of the support

Serving Divorce Forms in Virginia

In Virginia, service of process may be effected in a number of ways, including acceptance of service, whereby the defendant agrees to accept service of the divorce paperwork, or personal service, which is personal delivery to the defendant by a deputy sheriff or private process server.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
As seen on Forbes, USA Today, CNN and NPR
Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3StepDivorce does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

Terms & Conditions | Supplementary Payment Terms | Privacy

Have questions? Call us at (888) 665-6782
Copyright© 1996-2021. All rights reserved by MH Sub I, LLC dba 3StepDivorce

Powered With Experience & Built By Trust - 3StepDivorce TM, The Original Online Divorce SM