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Introduction

Going through a divorce can be a challenging and emotional process, but an uncontested divorce in Virginia Beach offers a simpler, faster, and less expensive path to ending a marriage. In an uncontested divorce, both parties agree on all aspects of the separation, including the division of assets, child custody, child support, and spousal support. This guide provides a detailed overview of the Virginia Beach uncontested divorce forms, ensuring that you can navigate the process with confidence.

Understanding Uncontested Divorce in Virginia Beach

Before diving into the necessary forms, it’s important to understand the basics of an uncontested divorce. In Virginia, couples can apply for divorce after living separately for a certain period of time—six months if there are no minor children and a separation agreement in existence, or one year if there are minor children. For an uncontested divorce, both spouses must agree on all key issues, avoiding the need for a court trial.

The key benefit of an uncontested divorce is that it is typically faster and less expensive than a contested divorce. However, even with mutual agreement, specific legal documents must be filed to finalize the divorce.

Key Forms for an Uncontested Divorce in Virginia Beach

To begin the uncontested divorce process in Virginia Beach, you will need to gather and complete several key forms. 

• Complaint for Divorce: This is the official paperwork that initiates the divorce proceedings. In the complaint, you will outline the grounds for divorce, which in an uncontested case is usually "no-fault" based on a period of separation. The complaint should also include basic information about the marriage, such as the date of separation and whether there are children involved.
• Property Settlement Agreement (PSA): Also known as a marital settlement agreement, this form outlines how you and your spouse will divide property, debts, assets, and, if applicable, address child custody and support issues. It is a crucial part of the uncontested divorce process, as it shows that both parties have reached a mutual agreement on all matters.
• Affidavit of Corroborating Witness: Virginia law requires that a third party (a friend, relative, or someone familiar with the separation) confirms that you and your spouse have been living apart for the required period. This witness will need to sign an affidavit confirming the separation, which is then filed with the court.
• Final Decree of Divorce: This is the document that the judge will sign to officially dissolve your marriage. It includes all the terms of your divorce, including property division and any child-related agreements. Once signed by the judge, the final decree is the legal document that finalizes the divorce.

Filing the Forms

Once you have completed all the necessary forms, you will need to file them with the Virginia Beach Circuit Court. The court will also require a filing fee, which varies but is typically around $100-$150. In some cases, if you cannot afford the filing fees, you can request a waiver by submitting a Petition for Proceeding in Civil Case Without Payment of Fees or Costs.

Working with an Attorney

While an uncontested divorce is often simpler than a contested divorce, it’s still important to ensure that all legal documents are completed correctly. Mistakes in filing or incomplete forms can cause delays or problems later on. Many individuals choose to work with a divorce attorney to review the paperwork, provide guidance, and make sure the process runs smoothly.

Conclusion

Filing for Virginia Beach uncontested divorce forms involves gathering the correct forms and ensuring that both spouses agree on all aspects of the separation. By understanding the necessary paperwork—such as the Complaint for Divorce, Property Settlement Agreement, and Final Decree of Divorce—you can ensure a smoother process. Consulting with an attorney can also bring peace of mind and assist you avoid legal hazards.