Uncontested Divorce in Virginia

The two most important issues in an uncontested divorce are distribution of property and children. Children are very dear to the parents and it is a rather tough task for the divorcing parents to reach an agreement regarding child custody, child support and visitation. When a consensus is reached between the parents regarding the above mentioned two issues, the remaining topics are somewhat less challenging.

The divorcing partner who files the action in this state is named as the Plaintiff. The divorcing partner who provides the response is called as the Defendant. The venue for filing the action is the Family court, Juvenile or Domestic Relations court or Circuit Court.

Residency requirements of Uncontested Divorce in Virginia

In order to apply for a divorce in this state, one of the divorcing partners must be an actual bona fide resident as well as a domiciliary of the Commonwealth for minimum 6 months before the complaint has been filed. Military persons on duty who have resided in the Commonwealth for minimum 6 months are considered as residents of this state.

The venue for filing the action is selected as follows.

• The city or county where the divorcing partners last resided together.
• Depending on the option of the plaintiff, one of the following is selected.
  • If the Defendant is not a resident of this state, then the city or county where the Plaintiff is a resident.
  • If the Defendant is a resident of this state, then the city or county where the Defendant is a resident.

Grounds of Uncontested Divorce in Virginia

No-fault grounds

• Residing apart and separate for 6 months, if the divorcing partners have entered a separation agreement and there are no children.
• Residing apart and separate in the absence of cohabitation for 1 year.

Fault grounds

• Willful desertion.
• Cruelty.
• Conviction and imprisonment for 1 year.
• Abandonment.
• Adultery (inclusive of homosexual acts).

Divorce a mensa et thoro (from bed and board or a legal separation) grounds

• Cruelty.
• Desertion or abandonment.
• Reasonable fear of bodily harm.

Procedure of Uncontested Divorce in Virginia

The process of an uncontested divorce begins when the Plaintiff files a Bill of Complaint for divorce. The Defendant files an Answer to the Complaint, in case, he or she agrees with the action of the Plaintiff. In this way, the Defendant can accept personal jurisdiction of the court.

If the Defendant does not file an Answer, then, a copy of the Complaint and the Summons are served to the Defendant. Now, the Defendant may answer the Complaint and file an Acceptance / Waiver form. If these two issues are done, the action can proceed along the uncontested path.

The Service can be performed by any adult other than the Plaintiff. If it is done by a competent person above 18 or by a professional process server, then, the Affidavit of Service is returned. If the Sheriff performs the service, the Sheriff returns the Return of Service.

Divorce Papers