Once you and your spouse have agreed to end your marriage, what comes next? The divorce process can be long and exhausting, and even after the waiting period to initiate proceedings ends, there’s still much work to do. Moreover, there are still a number of steps to follow when finalizing a divorce in Virginia. Here is how you go about finalizing uncontested divorces that are on the horizon.
Initiating the Process for Uncontested Divorces
To begin the process of an uncontested divorce, you must satisfy these conditions:
- Either you or your spouse has already lived in Virginia for at least six months
- All possible contentious issues have been resolved ahead of time
- You and your spouse have agreed to a no-fault divorce
- There are no requests for child support or alimony. There are also no requests outlining visitation and custody rights. Alternatively, a written agreement signed by both you and your spouse will be acceptable, if the agreement resolves these issues.
- You and your spouse are no longer living together. Instead of a so-called “in-house separation” you are well and truly separated.
Arranging the Necessary Forms
Digital forms can be found through online means, particularly the websites for each individual county. However, physical print copies of these forms can also be obtained from the courthouse closest to you. In addition to your standard paperwork filing for divorce, these other forms are necessary as well:
- The original petition for divorce
- Identification information that would otherwise remain confidential
- A summons form
- Another form indicating acceptance of the decision and what is known as the waiver of service
- The stipulated agreement
- A form requesting a court hearing, or likewise, a court requesting an affidavit.
- Two forms regarding fact findings and legal conclusions
- The actual final decree of divorce
In addition, if children are involved in the family unit, some others forms are required as well:
- The plan for parenting after the fact
- Orders for future (or ongoing) child support
- The affidavit confirming financial assets of the family
Finalizing the Process
While most states have a set timeline for finalizing the process of divorce, Virginia does not. The only time constraint is the minimum waiting period. A court hearing is not always necessary to complete a divorce, either. Affidavits are acceptable substitutes for a court proceeding. Authorization of the divorce, however, may take longer. For a judge to sign off on the divorce, the case must fit within their schedule. Your divorce could very well end quickly and quietly. The day that the judge signs the Decree of Divorce, is the day when finalizing uncontested divorces is considered complete.
Get Representation from The Carlberg Law Firm Today
Ready to tackle your legal issues head on? The Carlberg Law Firm provides all the experience and knowledge of a larger firm with the personal attention and commitment of a smaller firm. We represent individuals from both the District of Columbia and Virginia, and our attorneys have extensive experience in all aspects of family law.
Our offices are located in a beautiful 1875 historic building in Old Town Alexandria at 413 North Washington Street, Alexandria, Virginia 22314. Please contact us to set up an appointment at (703) 549 5551 or connect with us on Facebook and Twitter.