Virginia Uncontested No-Fault Divorce Complaint and Final Decree Filing Packet

VIRGINIA UNCONTESTED NO-FAULT DIVORCE — COMPLAINT AND FINAL DECREE FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency / Domicile (Va. Code § 20-97)

☐ At least one party has been a bona fide resident and domiciliary of the Commonwealth of Virginia for at least six (6) months immediately preceding the commencement of the suit.

☐ Domicile is supported by (check all that apply):

• ☐ Virginia driver's license issued [__/__/____]
• ☐ Virginia voter registration
• ☐ Virginia state income tax returns
• ☐ Vehicle registered in Virginia
• ☐ Real property ownership / lease in Virginia
• ☐ Member of armed forces stationed in Virginia for 6+ months (treated as domicile under § 20-97)

B. Grounds — No-Fault Separation (Va. Code § 20-91(A)(9)(a))

Check the applicable no-fault ground:

☐ Six-month separation — the parties have lived separate and apart, without cohabitation and without interruption, for at least 6 months, AND:
☐ The parties have executed a written Property Settlement Agreement (PSA), AND
☐ There are no minor children born of the parties, adopted by the parties, or born of one and adopted by the other.

☐ One-year separation — the parties have lived separate and apart, without cohabitation and without interruption, for at least 1 year. (Required if there are minor children or no PSA.)

☐ Date of separation: [__/__/____]
☐ Date of filing must be after the required separation period elapsed.

C. Venue (Va. Code § 8.01-261(19))

☐ Venue is proper in the Circuit Court of [_____________________ County / City] because:

• ☐ Defendant resides there, OR
• ☐ If Defendant is a non-resident, Plaintiff resides there, OR
• ☐ The parties last cohabited there.

D. Procedural Roadmap — Uncontested Track

☐ Prepare Complaint for Divorce, VS-4 (Report of Divorce — Vital Statistics), Civil Cover Sheet (Form CC-1416), and PSA (if 6-month ground).
☐ File with Circuit Court Clerk; pay filing fee; obtain Civil Service of Process Form.
☐ Serve Defendant — personal service by Sheriff/private process server OR Acceptance/Waiver of Service.
☐ Defendant files Answer & Waiver of Notice (uncontested) within 21 days after service (Va. Sup. Ct. R. 3:8).
☐ Plaintiff files Affidavit of Plaintiff (in lieu of deposition) + Corroborating Witness Affidavit (Va. Code § 20-106).
☐ Plaintiff submits proposed Final Decree of Divorce for entry by the Court.
☐ Court enters Final Decree of Divorce; Clerk forwards VS-4 to the Virginia Department of Health, Office of Vital Records.

E. Filing Fees (verify current schedule)

☐ Indigency / fee-waiver filed (Form CC-1414).

PART 2 — COMPLAINT FOR DIVORCE

COMPLAINT FOR DIVORCE
(No-Fault — Va. Code § 20-91(A)(9)(a))

COMES NOW the Plaintiff, [PLAINTIFF FULL LEGAL NAME], by counsel (or pro se), and for a Complaint against the Defendant states as follows:

1. Plaintiff's Residency. Plaintiff is, and has been for more than six (6) months immediately preceding the filing of this Complaint, a bona fide resident and domiciliary of the Commonwealth of Virginia, residing at [____________________________________________].

2. Defendant's Residency. Defendant is, upon information and belief, a resident of [_______________________________________], residing at [____________________________________________].

3. Marriage. Plaintiff and Defendant were lawfully married on [__/__/____] at [_______________________________________].

4. Members of Armed Forces. Neither party is on active duty in the armed forces of the United States, OR if a party is on active duty, that party has expressly waived rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.

5. Mental Capacity. Neither party has been adjudicated incapacitated.

6. Children. (Check one)
   ☐ No children were born of or adopted into the marriage.
   ☐ The following children were born of or adopted into the marriage:

7. Pregnancy. Plaintiff ☐ is not / ☐ is pregnant. (If pregnant, due date: [__/__/____].)

8. Separation. On or about [__/__/____], the parties separated, and since that date the parties have lived separate and apart, without cohabitation and without interruption.

9. Grounds. (Check one)
   ☐ The parties have lived separate and apart, without cohabitation and without interruption, for more than six (6) months; have entered into a written Property Settlement Agreement dated [__/__/____]; and have no minor children — Va. Code § 20-91(A)(9)(a) (second sentence).
   ☐ The parties have lived separate and apart, without cohabitation and without interruption, for more than one (1) year — Va. Code § 20-91(A)(9)(a) (first sentence).

10. Intent. At the time of separation, at least one party intended that the separation be permanent.

11. Property and Support.
    ☐ All issues of equitable distribution, support, and (if applicable) custody have been resolved by the parties' Property Settlement Agreement dated [__/__/____], which the parties request the Court to affirm, ratify, and incorporate (but not merge) into the Final Decree.
    ☐ Plaintiff requests restoration of former name: [_________________________].

12. Prior Suits. No prior suit for divorce, annulment, or affirmance of marriage has been filed by either party in this or any other court, except: [____________________________________________] (or "None").

WHEREFORE, Plaintiff prays that:

A. This Court take jurisdiction of this cause;
B. The Defendant be served with process;
C. A divorce a vinculo matrimonii (from the bond of matrimony) be granted to the Plaintiff on the ground of living separate and apart under Va. Code § 20-91(A)(9)(a);
D. The Property Settlement Agreement be affirmed, ratified, and incorporated (but not merged) into the Final Decree;
E. Plaintiff's former name be restored to [_________________________], if requested;
F. Such other and further relief be granted as the nature of the case may require and as equity demands.

Respectfully submitted,

_____________________________________ Date: [__/__/____]
[PLAINTIFF FULL LEGAL NAME], pro se / by counsel
Address: [____________________________________________]
Phone: [______________] Email: [______________]
VSB No. (if counsel): [__________]

Verification

COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF [_____________________], to-wit:

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the facts and allegations contained therein are true and correct to the best of my knowledge and belief.

_____________________________________
[PLAINTIFF FULL LEGAL NAME]

Subscribed and sworn before me this [____] day of [__________], 20[____].

_____________________________________ Notary Reg. No.: [__________]
Notary Public My Commission Expires: [__/__/____]

PART 3 — VS-4 (REPORT OF DIVORCE OR ANNULMENT — VITAL STATISTICS)

Required VS-4 Fields:

☐ Plaintiff has completed the VS-4 in full and filed with the Complaint.

PART 4 — PROPERTY SETTLEMENT AGREEMENT (PSA) — KEY TERMS

This Property Settlement Agreement (the "Agreement") is between [PLAINTIFF FULL LEGAL NAME] ("Husband/Wife/Party A") and [DEFENDANT FULL LEGAL NAME] ("Wife/Husband/Party B"), effective [__/__/____].

4.1 Recitals

• Date of marriage: [__/__/____]
• Date of separation: [__/__/____]
• Children: [____________________________________________]
• Each party has had full opportunity to consult independent counsel.
• Each party has made full disclosure of assets, liabilities, and income.

4.2 Equitable Distribution (Va. Code § 20-107.3)

4.3 Allocation of Debts

4.4 Spousal Support (Va. Code § 20-107.1)

☐ The parties mutually and permanently waive any claim to spousal support. The waiver is absolute and non-modifiable.
☐ [Payor] shall pay [Payee] spousal support of $[__________] per month for [____] months/years, modifiable per § 20-109.

4.5 Custody / Visitation / Child Support

☐ Not applicable — no minor children.
☐ Custody and visitation set forth in Exhibit A (Parenting Plan), guided by Va. Code § 20-124.2.
☐ Child support calculated under Va. Code § 20-108.2 Guidelines Worksheet attached; [Payor] pays $[__________] per month via Virginia Division of Child Support Enforcement (DCSE) with income withholding.

4.6 Health Insurance and Tax Matters

• Health insurance: [______________] continues coverage for [______________].
• Dependency exemptions: [____________________________________________].
• Filing status for last joint year: [____________________________________________].

4.7 Name Restoration

☐ Plaintiff requests restoration to former name: [_________________________].

4.8 General Provisions

• Full disclosure; voluntary execution; no duress.
• Modifiability: support modifiable upon material change; equitable distribution final.
• Incorporation, not merger, into Final Decree (survives as independent contract).
• Governing law: Commonwealth of Virginia.

Signatures (each notarized):

_____________________________________ Date: [__/__/____]
[PLAINTIFF FULL LEGAL NAME]

_____________________________________ Date: [__/__/____]
[DEFENDANT FULL LEGAL NAME]

(Notary acknowledgments for each party)

PART 5 — DEFENDANT'S ANSWER AND WAIVER OF NOTICE

ANSWER AND WAIVER OF FUTURE NOTICE

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], pro se / by counsel, and for an Answer to the Complaint states:

1. Defendant admits the allegations of paragraphs 1 through 11 of the Complaint.
2. Defendant does not contest the grounds of no-fault separation under Va. Code § 20-91(A)(9)(a).
3. Defendant has executed and ratifies the Property Settlement Agreement dated [__/__/____].
4. Defendant waives any further notice of proceedings, including the time and place of any deposition or final hearing, and waives the right to receive a copy of the proposed Final Decree.
5. Defendant requests that the Court grant the Plaintiff a divorce a vinculo matrimonii and affirm and incorporate (but not merge) the PSA into the Final Decree.

_____________________________________ Date: [__/__/____]
[DEFENDANT FULL LEGAL NAME]

(Notarized.)

PART 6 — AFFIDAVIT OF PLAINTIFF IN LIEU OF DEPOSITION (Va. Code § 20-106)

AFFIDAVIT OF PLAINTIFF

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn, depose and state:

1. I am the Plaintiff in this cause, of full age, and competent to testify.
2. I am a bona fide resident and domiciliary of the Commonwealth of Virginia and have been continuously for more than six (6) months immediately preceding the filing of the Complaint.
3. I was lawfully married to the Defendant on [__/__/____].
4. On [__/__/____], the parties separated; we have lived separate and apart, without cohabitation and without interruption, for more than ☐ six (6) months ☐ one (1) year as of the date of this Affidavit.
5. At the time of separation, at least one of us intended that the separation be permanent.
6. ☐ There are no minor children of the marriage / ☐ The minor children are as identified in the Complaint.
7. Neither party is on active duty in the armed forces (or rights under the SCRA have been waived).
8. The parties executed a Property Settlement Agreement dated [__/__/____], which they request the Court to affirm, ratify, and incorporate into the Final Decree.
9. ☐ I request restoration of my former name: [_________________________].
10. I respectfully request that this Honorable Court grant a final decree of divorce a vinculo matrimonii.

_____________________________________
[PLAINTIFF FULL LEGAL NAME]

Subscribed and sworn before me this [____] day of [__________], 20[____].

_____________________________________
Notary Public Reg. No.: [__________] My Commission Expires: [__/__/____]

PART 7 — CORROBORATING WITNESS AFFIDAVIT (Va. Code § 20-106)

AFFIDAVIT OF CORROBORATING WITNESS

I, [WITNESS FULL LEGAL NAME], being first duly sworn, depose and state:

1. I am over the age of 18 and competent to testify.
2. I am not a party to this action and have no financial interest in its outcome.
3. My relationship to the Plaintiff is: [____________________________________________].
4. I have personal knowledge that the Plaintiff has been a bona fide resident and domiciliary of the Commonwealth of Virginia for more than six (6) months immediately preceding the filing of the Complaint.
5. I have personal knowledge that on or about [__/__/____], the parties separated, and that since that date they have lived separate and apart, without cohabitation and without interruption.
6. I have personally observed circumstances confirming the separation, including: [____________________________________________].

_____________________________________
[WITNESS FULL LEGAL NAME]

Subscribed and sworn before me this [____] day of [__________], 20[____].

_____________________________________
Notary Public Reg. No.: [__________]

PART 8 — FINAL DECREE OF DIVORCE

FINAL DECREE OF DIVORCE

THIS CAUSE came on this day to be heard upon the Complaint for Divorce; the service / acceptance of process upon the Defendant; the Defendant's Answer and Waiver; the Affidavit of Plaintiff in lieu of deposition; the Affidavit of the Corroborating Witness; the Property Settlement Agreement dated [__/__/____]; and was argued by counsel / submitted pro se.

UPON CONSIDERATION WHEREOF, the Court finds:

1. The Court has jurisdiction of the parties and the subject matter of this suit.
2. Plaintiff is, and has been for more than six (6) months immediately preceding the filing of the Complaint, a bona fide resident and domiciliary of the Commonwealth of Virginia.
3. The parties were lawfully married on [__/__/____].
4. The parties have lived separate and apart, without cohabitation and without interruption, for more than ☐ six (6) months (with PSA and no minor children) ☐ one (1) year, with at least one party having had the intent that the separation be permanent.
5. Neither party is on active duty in the armed forces (or has waived rights under the SCRA).
6. The Property Settlement Agreement dated [__/__/____] is fair and reasonable and should be affirmed, ratified, and incorporated (but not merged) into this Decree.
7. The grounds of Va. Code § 20-91(A)(9)(a) have been established.

IT IS THEREFORE ADJUDGED, ORDERED, AND DECREED:

A. Divorce. The Plaintiff is granted a divorce a vinculo matrimonii from the Defendant on the grounds set forth in Va. Code § 20-91(A)(9)(a).

B. Property Settlement Agreement. The PSA dated [__/__/____] is affirmed, ratified, and incorporated, but not merged, into this Final Decree and survives as an independent contract enforceable in equity and at law.

C. Restoration of Name. Plaintiff's former surname [_________________________] is restored.

D. Child Support / Custody. (If applicable) Provisions of the PSA / attached Parenting Plan are adopted; child support shall be paid through DCSE with income withholding pursuant to Va. Code § 20-79.1.

E. Identifying Information. This Decree includes each party's Social Security Number / DMV control number as required by Va. Code § 20-91(B), filed under seal.

F. VS-4. The Clerk shall transmit the completed VS-4 to the Virginia Department of Health, Office of Vital Records.

G. Continuing Jurisdiction. The Court retains continuing jurisdiction as to enforcement, custody, visitation, child support, and spousal support to the extent permitted by law.

H. Costs. Costs are taxed as: [____________________________________________].

This cause is hereby ENDED and stricken from the docket.

ENTER this [____] day of [__________], 20[____].

_____________________________________
Judge, Circuit Court of [_____________________ County / City]

WE ASK FOR THIS:
_____________________________________
[PLAINTIFF] / Counsel, VSB No. [__________]

SEEN AND AGREED:
_____________________________________
[DEFENDANT] / Counsel, VSB No. [__________]

PART 9 — POST-DECREE CHECKLIST

☐ Certified copies of Final Decree obtained (Plaintiff, Defendant, employers).
☐ QDRO drafted and qualified by plan administrator for any retirement division.
☐ Deeds executed for real property transfers (e.g., quitclaim or special warranty); recorded in Circuit Court Clerk's land records.
☐ Vehicle titles transferred at Virginia DMV (with copy of Final Decree).
☐ Refinancing of jointly held debt completed per PSA timeline.
☐ Beneficiary designations updated on life insurance, retirement, payable-on-death accounts.
☐ Health insurance: COBRA election within 60 days (federal) / Virginia mini-COBRA where applicable.
☐ Name change updates: Social Security Administration, Virginia DMV, U.S. passport, banks, employers.
☐ Estate documents updated (will, advance directive, POA, beneficiary designations).

PART 10 — SOURCES AND REFERENCES

• Code of Virginia, Title 20 (Domestic Relations): https://law.lis.virginia.gov/vacode/title20/
• Virginia Department of Health, Office of Vital Records — VS-4 Form: https://www.vdh.virginia.gov/vital-records/
• Rules of the Supreme Court of Virginia: https://www.vacourts.gov/courts/scv/rulesofcourt.pdf
• Virginia Judicial System forms: https://www.vacourts.gov/forms/home.html
• Fairfax Circuit Court Pro Se Divorce Brochure
• Prince William County Circuit Court — One-Year and Six-Month Separation Divorce Packets
• Arlington Circuit Court — Uncontested Divorce Packet