Virginia Marital Settlement (Divorce) Agreement Form [PDF]

A Virginia marital settlement agreement form is a legally binding document through which spouses settle their rights and obligations related to divorce. It addresses issues such as child support and custody, parenting plans, division of marital property, alimony, and more, and it becomes effective immediately upon execution.

This agreement often marks the beginning of an uncontested divorce. Once the parties create it, it’s advisable for them to consult a lawyer or another advisor, have the document reviewed, and ensure it is filled out correctly.

On the other hand, if the spouses cannot agree on these issues and instead present counterclaims and arguments, they start a contested divorce. This results in a court process that generally lasts longer and entails more costs.

Divorce Forms

Divorce forms are filed with the circuit court of the county where the spouses reside. The filing fee in Virginia is approximately $100, but the amount can vary by county, so it’s best to check with the court clerk before filing for divorce.

The waiting period for a divorce to be finalized ranges from 3 months for straightforward cases to over a year for more complex cases.

Divorce Laws and Legal Requirements in Virginia

The divorce laws and legal requirements in Virginia cover essential aspects of divorce, including reasons for divorce, child and spousal support, division of marital assets, and other relevant matters. This introduction to legal procedure ensures that couples are well-informed and prepared for discussions during their divorce proceedings.

#1. Alimony

According to Section 20-108.1 of the Code of Virginia, the amount of alimony or spousal support is determined based on the specific circumstances of each case. The court will review and consider all the evidence presented to make a fair decision.

#2. Child support

Section 20-108.2 provides guidelines for determining child support, which include a general presumption that the calculated amount is correct. This presumption applies to all child support situations, including split and shared custody arrangements.

However, the stated presumption can be modified if the court decides on a different amount. In such a situation, the court explains and provides evidence as to why the guidelines were unjust in the concrete case.

#3. Division of property

In Virginia, the property division is governed by Section 20-107.3 and follows the principle of equitable distribution. This means that the court will divide the property fairly, which does not necessarily mean a 50-50 split. When deciding, the court will classify all property as marital, separate, or combined and assess the property`s value.

Then, the court will divide them fairly, depending on factors such as:

Property value
Each party's contribution to maintaining and increasing property value
Contributions to the family and finances
Length of the marriage

#4. Grounds for divorce

Section 20-91 outlines grounds for divorce and includes general and specific reasons.

General reasons apply to no-fault divorces, where no particular blame is placed on either party. This reason applies if the parties have lived separately for a year before filing for divorce or for six months if they have a divorce settlement agreement and no minor children.

On the other hand, specific reasons involve proving fault and include the following situations:

One spouse commits adultery or engages in any type of sexual act outside the marriage.
One spouse is imprisoned for more than a year.
One spouse commits physical violence.
One spouse abandons the other, allowing the innocent party to seek divorce after one year of the act.

Additionally, a term in Section 20-95, “divorce from bed and board,” allows the spouses to legally separate without formally ending their marriage. In this case, divorce can be granted if one spouse is proven to be at fault for cruelty, causing physical pain, or abandonment.

#5. Interim support

Interim support, or temporary financial support granted to one spouse by the other during the divorce process, can be allowed upon request by either party. When deciding, the court will consider factors such as one spouse’s financial needs, health, ability to work, and the other spouse`s economic capacity.

#6. Residency

When filing for divorce, the parties must meet the residency requirements specified in Section 20-97. This provision mandates that at least one party reside in Virginia for at least six months before filing the divorce petition.

How to File For a Divorce in Virginia in 7 Steps

The following seven steps present what all spouses need to know about filing for a divorce in Virginia to complete the process successfully.

#1. Fill Out the Divorce Form

The first step involves filing the initial divorce documents. The main document is the Complaint for Divorce, which starts the divorce process. The plaintiff fills it out, providing personal information about themselves and the other party, details about children (if any), details about the property to be divided, and other relevant information.

If the spouses have decided to settle their issues through an agreement, they can use a marital settlement agreement template, which they can download from our website and customize according to their needs.

Spouses should keep in mind that these are formal documents that impact their personal relationship, relationship with their children, and division of property, so legal counsel is strongly advised when completing them.

#2. File the Forms With the Court

After ensuring that the forms are properly filled out, the plaintiff files the divorce complaint with the Circuit Court in the county where the spouses reside. Along with the complaint, the plaintiff also submits a Cover Sheet for Filing Civil Actions, the State Vital Statistics VS-4 form, and the marital settlement agreement.

In addition to the filed forms, the plaintiff is obliged to pay a filing fee unless they submit a Petition for Proceeding in a Civil Case Without Payment of Fees and Costs, requesting the court to waive this fee. If the court finds that paying the fee would burden the plaintiff, it will issue an order exempting them from this obligation.

#3. Serve the Forms to the Spouse

Next, the plaintiff should serve the forms to the spouse (defendant). Typically, the complaint and summons are delivered to the other spouse by a sheriff or a private process server, as detailed in Section 8.01-296 Code of Virginia.

If the defendant is not found at the address, the servicer can leave the documents with a household member over the age of 16 or leave them at the front door. If the defendant is at the address, they sign an affidavit of service as proof of proper delivery.

Suppose the defendant’s address is unknown or they reside outside Virginia; in that case, the plaintiff can request service by publication in a widely circulated newspaper.

In the case of an uncontested divorce, the defendant can sign an Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice in the presence of a court clerk or notary public if they do not wish to be formally served with the divorce documents.

#4. Wait for the Defendant's Answer

After receiving the complaint, the defendant will have 21 days to give an answer that will include arguments and evidence on which they base their claims.

If the spouse doesn’t provide an answer within the specified time, the case proceeds as an uncontested divorce, which typically means the judge makes a final decision based on the available evidence, which is usually in the plaintiff's favor.

#5. Final Order of Divorce in Uncontested Divorce

In an uncontested divorce, there are no disputes between the spouses over crucial family issues, so the judge can make the final order in the following ways:

Court Hearing: The spouses present their case and marital settlement agreement to the judge.
Written Affidavit: The spouses submit a written affidavit confirming they have lived separately for over a year and wish to divorce. The affidavit must accompany a notarized witness statement verifying the spouses’ claims.
Deposition of Documents: The required documents are deposited with an attorney, who will print them and submit them to the court along with the final order of divorce and the marital settlement agreement.

#6. Hearing in Contested Divorce and Final Order of Divorce

In a contested divorce, a hearing is almost a rule. Once the court schedules the hearing, it will notify both spouses, who should present their claims and arguments on this occasion. Failure to appear may result in the court deciding unfavorably on the absent spouse.

During the hearing, the court considers and evaluates all spouses’ claims. After that, it issues a Final Order of Divorce, which legally dissolves the marriage and resolves spouses’ family and property matters.

#7. Change Your Name

A spouse who wishes to resume their pre-marriage name should request this at the beginning of the divorce process. In the final order of divorce, the court will decide about it, and this decision will allow the spouse to update their personal documents and records to reflect the name change.