QUESTION

What all forms do i need to file in Virginia for a divorce?

Asked on Aug 15th, 2014 on Divorce - Virginia
More details to this question:
I have a complaint for divorce, a VS-4 form, case cover sheet, settlement agreement and a final decree for divorce. What/ if any other forms do i need to file for an uncontested divorce in virginia?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You have most of the correct forms, but there is more to it than simply filing them with the court.  At first, you only need to file the Complaint and the VS4 vital records form, along with the case cover sheet.  Some courts, like Prince William County, will not take the VS4 at the beginning of the case because they have converted to electronic filing and they have nowhere to hold it while the case is pending.  After filing your Complaint, you will have to show service on the other party.  The can be done by your spouse signing a Waiver of service.  But if they won't sign a waiver, other options include having them formally served by a Sheriff or private process server or providing legal notice in the newspaper, if you do not know where they are or if they live outside of Virginia.  Once you have good service, you will have to conduct a final hearing.  This can be done in court by an Ore Tenus hearing, in which case you need to submit your proposed Final Order for Divorce to the court for preapproval by submitting a Request for Ore Tenus with it.  Lawyers will typically do the final hearing by deposition in their office or by affidavit, rather than go to court.  If the wife wants to revert back to her maiden name, you would also need to submit a Name Change Order. Or for a small flat fee you could just hire a lawyer to take care of all of this for you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Aug 16th, 2014 at 9:30 PM

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