This Guide gives a step by step outline of the process needed to obtain an uncontested no-fault divorce under Virginia Law
Every divorce action in Virginia begins with the filing an an initial Compliant seeking the relief which is sought. In uncontested matters, a Complaint is filed seeking a dissolution of the marriage base on either a period of one year separation, or six months separation in cases with no minor children and a separation agreement.
Service or Waiver of Service
If the opposing spouse is also in favor of getting a divorce, then typically a Waiver is executed and filed with the Court. The Waiver in essences relieves the Plaintiff of the need to formally serve the Complaint on the Defendant, and typically also waives the need to see and endorse the Final Decree of Divorce. If no Waiver is entered, then formal service must take place by sheriff or private process server.
Final Decree of Divorce
Once the service or Waiver is completed, the Court may enter a Final Decree of Divorce. The Final Decree actually grants the divorce, thereby dissolving the marriage. However, the Decree must be accompanied by an affidavit of the Plaintiff and a corroborating witness. These affidavits must state all of the statutory information needed to insure that there is jurisdiction to the enter the Decree, and that there is evidence to believe that the parties have been separated for the required time period.
Additional resources provided by the author
Virginia Code Section 20-106.
Virginia Code Section 20-91.
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