Fillable Printable Final Decree of Divorce - Virginia
Fillable Printable Final Decree of Divorce - Virginia
Final Decree of Divorce - Virginia
COMMONWEALTH OF VIRGINIA
Fairfax Circuit Court
4110 Chain Bridge Road
Fairfax, Virginia 22030-4048
703-246-2770 TDD 703-352-4139
JOHN
T.FREY
Clerk Of Circuit Court
Dear Circuit Court Patron:
My staff and I are dedicated to trying to provide the best possible service to those using the
Court. With this in mind we have worked with the Fairfax Bar Association to develop the
attached brochure to help you understand the legal procedures required to obtain a divorce.
This brochure consolidates all of the information that my office can legally provide to the public.
If you choose to represent yourself, you will be expected to follow the same procedures as an
attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are
prohibited by state law from giving you legal advice or assistance. You are strongly encouraged
to hire a competent attorney.
You are responsible for preparing all the necessary documents for your case. It should be noted
that there are no fill-in-the-blank forms for divorce PREPARED BY OR APPROVED BY THE
VIRGINIA COURT SYSTEM. The forms contained in this brochure are those commonly used in
the Fairfax Circuit Court. These forms may or may not be appropriate for your particular case.
Any desired outcome from your use of the forms cannot be predicted or guaranteed.
The information and materials contained in this brochure are intended to provide users with
general information only. It is not intended to constitute legal advice or to replace competent
legal representation. In fact, I strongly recommend that you hire a competent attorney to
represent you in this matter.
Due to the changing nature of the law, the information and forms contained in this brochure may
become outdated. Therefore, you should review and research statutes and procedural rules
referenced in the instructions to ensure that they are accurate and current. In no event will the
Fairfax Circuit Court Clerk’s office or anyone contributing to the production of these forms and
instructions be liable for any indirect or consequential damages resulting from their use.
It is my sincere hope that this information will help make the divorce process easier and less
time consuming for you.
Sincerely,
John T. Frey, Clerk
Fairfax County Circuit Court
FBA-H-53 Pro Se Divorce Broc hure1 9/17/2009
(Created by Fairfax Bar Association)
FBA-H-53 Pro Se Divorce Broc hure2 9/17/2009
(Created by Fairfax Bar Association)
PRO SE DIVORCE SUITS
“Pro se” means that a party to a lawsuit is representing him or herself. All persons
involved in divorce cases are strongly encouraged to consult with an attorney so that the
legal proceedings and the effect of legal documents and orders can be fully explained to
you. If you have children, property, or support issues which need to be decided by the
court and which have not been resolved by an agreement, you are not required to retain
an attorney, but neither the Clerk’s Office personnel nor the judges’ law clerks can give
you advice on how to proceed. If you proceed without legal counsel, you may
unknowingly lose rights to custody or visitation, child or spousal support,
distribution of property, or other legal claims arising out of your marriage.
Furthermore, at trial the same rules will apply as if you had an attorney, and the Judge is
not permitted to help you in presenting your case.
If you do not know your spouse's whereabouts, or if he/she is in jail for
committing a felony, these are special circumstances which you should also address with
an attorney.
“Uncontested divorce actions” are those in which the parties have agreed upon all
issues before the court, or those in which it is anticipated that only one side will actively
participate. “No-fault divorce” suits are those in which the parties only ask for a divorce
on the grounds that they have lived separate and apart for the period of time required by
law.
The Clerk's Office cannot make recommendations for specific attorneys, but you can
call:
The Virginia Lawyer State Bar Referral Service
1-800-552-7977
Or
The Fairfax Bar Association Lawyer Referral Service
703-246-3780
If you decide to proceed on your own, you will be expected to follow the same
procedures as an attorney. If your case is uncontested it may take two to six months to
complete your divorce even if there are no complications. If your case is contested, a
final hearing will be set at a “Scheduling Conference” and your case will usually take
much longer than six months to complete. One hearing will be set for custody and
visitation, and a separate hearing will be set for property division and support.
You are responsible for preparing all documents to be submitted in the divorce.
Please DO NOT ask Court personnel for legal advice or assistance. State law prohibits
Court personnel from giving you legal advice or assistance.
Before you file for divorce, you may wish to review the appropriate divorce laws
in the Virginia Code. The Virginia Code books are located in the Law Library at the
Judicial Center and at Regional and Community Library locations. The Virginia Code
and Rules of The Supreme Court of Virginia are available on line at
//leg1.state.va.us/000/src.htm
A review of these laws may help you better understand the divorce process.
All contested divorce cases will proceed and be set for trial at a Scheduling
Conference set through the “Divorce Case Tracking System.” If all issues, such as
grounds for divorce and distribution of property, are totally uncontested a party may
request a Judge of the Court to hear the evidence Ore Tenus (live testimony) without
waiting for the Scheduling Conference date or the scheduled trial date. This can be done
only after filing, in proper form, the necessary documents and a Request for Ore Tenus
Hearing, which are discussed below.
I. PROCEDURE
In order for you to obtain a divorce in Virginia, either you or your spouse must be
a resident and domiciliary of the Commonwealth of Virginia for at least six months prior
to filing suit. (Virginia Code section 20-97.)
In your Complaint you must allege specific grounds upon which a divorce may be
granted. The two most common grounds are no-fault divorces based upon either a six-
month separation or a one-year separation. You are eligible for a six-month divorce
ONLY IF you have entered into a written separation agreement and there are no minor
children born of the parties, born of either party and adopted by the other, or adopted by
both parties. These facts must be stated in the Complaint. In any no-fault divorce you and
your spouse must have been separated for the required amount of time PRIOR TO
FILING YOUR SUIT. This separation period must also be clearly alleged in your
Complaint. You may NOT file your Complaint for Divorce before the appropriate
separation period has expired or your case will be dismissed or could be determined to be
invalid. If the case is dismissed you will have to file for divorce again and pay another
filing fee. You can, of course, also file a Complaint alleging a “fault” ground for divorce,
if supported by the facts. All grounds for divorce are set out in Virginia Code sections 20-
91 and 20-95.
In addition to stating the grounds and residency requirements, the Complaint must
include the following allegation s:
•current residences of both parties;
•the date and place of marriage;
•the names and dates of birth of all minor children born or adopted into the
marriage;
•a statement that both parties are over eighteen (18) years of age; and,
•a statement of each party's military status.
PLEASE REMEMBER
•If you proceed pro se you will be representing yourself.
•The Clerk and the Court cannot advise or represent you.
FBA-H-53 Pro Se Divorce Broc hure3 9/17/2009
(Created by Fairfax Bar Association)
•Your documents must be typed double-spaced on 8 1/2" by 11" white paper, allowing
for 1 ½ inch margins in all four directions.
•Printed on only one sided paper.
•If you send any documents to the Court, mail them to:
Clerk of the Circuit Court
4110 Chain Bridge Road
Fairfax, Virginia 22030
Attention: Civil Case Processing
If you wish to file documents personally or by any type of hand delivery, please
bring them to the Clerk's Office Civil Division counter on the third floor of the Fairfax
County Courthouse during regular business hours.
II. PREPARING & FILING YOUR COMPLAINT
A. REQUIRED DOCUMENTS
The Plaintiff (person starting the divorce) must file the following documents:
•An original Complaint and one copy of the Complaint for service.
(ATTACHMENT 1)
•A completed VS-4 Form. This form is a statistical form that is required for all
divorce filings before the divorce can be finalized. It must be completed
properly in black ink. (If not attached herein, the VS-4 Form may be
obtained from the Clerk's Office) The VS-4 must be legible. It cannot be
accepted if there are any white-outs or hand made corrections.
(ATTACHMENT 2)
•Two copies of the completed “Domestic Case Coversheet” completed with
names & addresses (you must provide your complete address unless the Court
for good cause shown orders otherwise), of both parties, date of separation,
and whether you believe this is a contested or uncontested divorce.
(ATTACHMENT 3)
•Filing fees and Sheriff Fees, if applicable. All Filing fees and Sheriff Service
Fees are paid by cash, certified check or money order payable to the Clerk of
the Circuit Court.
B. INITIAL FEES
Please visit the court’s website at:
//www.fairfaxcounty.gov/courts/circuit/pdf/CCR-A-20.pdf
to determine the filing fees.
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C. CASE NUMBER
Your case will be given a case number as soon as it is filed. This is the number by
which the Court references your case and it must appear on all documents
regarding your divorce. The case number will consist of CL, a 4 digit year
indicator & the number (e.g., CL-2009-0000001).
D. SERVICE
After you file the Complaint, you must determine how the Defendant will be
served with the Complaint.
III. SERVING THE DEFENDANT (person you are seeking divorce
from) WITH THE COMPLAINT
A. SERVICE OF PROCESS
Process in a divorce case may be served on the Defendant by any of the methods
specified in Va. Code §8.01-296:
•personal service,
•posting on the residence, or
•service on a family member of the household over sixteen years old.
Service may be by a Deputy Sheriff or a person authorized to serve process under
Va. Code §8.01-293. If service is by the Sheriff or a Private Process Server you
must request the Clerk to prepare a Summons to attach to and be served on the
Defendant along with a copy of the Complaint. The Complaint and the Summons
are known as the “process” of the divorce action.
A Defendant may also accept or waive service pursuant to Va. Code §20-99.1:1
by signing a proof of service or an “Acceptance of Service” indicating that the
defendant has received the papers in the suit. A Defendant may also waive service
of process by filing an Answer to the Complaint. (ATTACHMENT 4)
B. TYPES OF SERVICE
1. ACCEPTANCE OR WAIVER OF SERVICE:
•Pursuant to Va. Code §20-99.1:1, a Defendant may accept service by signing
an "Acceptance/Waiver of Service of Process and Waiver of Future
Service of Process and Notice" - Form CC-1406. This must be signed under
oath before a notary public or deputy clerk and it cannot be done prior to the
filing of the suit.
•This form can be accessed through the website of the Virginia Judicial System
at //www.courts.state.va.us/forms/circuit/cc1406.pdf or
(ATTACHMENT 4).
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2. SERVICE BY SHERIFF:
•If the Defendant lives in the Commonwealth of Virginia, a Virginia Sheriff
can serve process on the Defendant if the Sheriff's fee is included with the
initial filing.
Fee for Sheriff Service: $12.00 for each service
Payment is made by certified check or money order payable to:
Clerk of the Circuit Court
•The Sheriff will give the person that is being served a copy of the Complaint
and the Summons. The Sheriff will execute the proof of Service of the process
and shall file the Proof of Service with the Clerk of the Court within seventy-
two (72) hours of service.
•If the Defendant is a non-resident of Virginia, you will need to contact the
authorities in the state and locality in which the Defendant resides in order to
learn of the local regulations for service. You may wish to have the Defendant
accept out-of-state service. This can be done using the “Acceptance/Waiver of
Service of Process and Waiver of Future Service of Process and Notice”
(Form CC-1406) mentioned above. This must be signed under oath before a
notary public and it cannot be done prior to the filing of the suit.
3. PRIVATE PROCESS SERVICE:
•The Private Process Server will give the Defendant a copy of the Complaint
and the Summons. The Process Server will execute an Affidavit of Service
and must file the Affidavit with the Clerk of the Court where the matter is
pending within seventy-two (72) hours of service.
•Return by person serving process pursuant to Va. Code §8.01-325 – “If
service by any other person qualified under Va. Code §8.01-293, whether
service made in or out of the Commonwealth, his affidavit of such
qualifications; the date and manner of service and the name of the party
served; and stamped, typed or printed on the return of process, an annotation
(statement) that the service was by a private server, and the name, address and
telephone number of the server."
•The Affidavit by Private Process Server must include the following:
oA statement that the serving person is duly authorized to make service
in accordance with §8.01-293 of the Virginia Code;
oState that the process server or the person serving the process is over
eighteen years of age;
oState that the person serving the process is not a party or otherwise
interested in the subject matter or controversy (Va. Code §8.01-293);
oThe date and manner in which service was made;
oThe name of the party served;
oAn annotation that service was by private process server; and,
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oName, address and telephone number of private process server.
4. SERVICE BY PUBLICATION:
•Service of process may be accomplished by an “Order of Publication.” This
may be done in cases in which the Defendant is a non-resident or a Defendant
whose whereabouts are unknown after you have diligently (made all efforts)
tried to locate him or her. Va. Code §20-104 and §8.01-316, et seq.
•The Clerk’s Office maintains a list of newspapers approved for publication in
accordance with Va. Code 8.01-324. An Order of Publication must be
published in a newspaper prescribed by the court pursuant to Va. Code §8.01-
317. The number of times that the publication must be in the newspaper is
once a week for four successive weeks.
oPlease note that if service is by publication, the only resolution you
can achieve is a termination of your marriage and incorporation
(inclusion) by the Court of any written agreements reached by you and
your spouse. If you have no agreements, the Court can only terminate
your marriage but cannot resolve other issues.
•Forms for the Affidavit and Order of Publication can be obtained from the
Clerk’s Office or can be accessed on the Courts ’ website at:
//www.fairfaxcounty.gov/courts/circuit/pdf/CCR-H-46-47.PDF
•Documents & Fees Req u ired to complete service by publica tion:
oOriginal Order of Publication
oAffidavit notarized by Plaintiff or attorney stating the following:
the individual is a non-resident individual; or
the individual cannot be found, that due diligence has been
used to locate the party to be served but the efforts have been
unsuccessful; or
the individual cannot be served with court process, and that a
return has been filed by the Sheriff which shows that the
process has been in his or her hands for twenty-one (21) days
and the Sheriff has been unable to make service.
oAn envelope addressed to the individual being served by publication at
their last known address, if known.
oA completed certified mail receipt or registered mail receipt and
appropriate fees for such mailing. Certified or registered mail can be
sent by the post office and after the person receives what you sent, the
post office sends you a receipt.
oA copy of the pleading to be served by publication.
oCheck payable to the specific Newspaper in the amount of $25.00.
oCertified/Registered Mail Fees payable to the Clerk of The Circuit
Court by cash, certified check (bank check) or money order.
FBA-H-53 Pro Se Divorce Broc hure7 9/17/2009
(Created by Fairfax Bar Association)
FBA-H-53 Pro Se Divorce Broc hure8 9/17/2009
(Created by Fairfax Bar Association)
Certified Mail (Green return receipt card – within the U.S.) $ 5.00
Registered Mail (Pink return receipt card -outside the U.S.) $10.00
•For publication in the newspaper you choose, you must submit a check
payable to the specific newspaper. If additional fees are required, the
newspaper will bill the Plaintiff or counsel.
•The Plaintiff must make specific arrangements with the newspaper. The Court
will process the Order of Publication documentation, but the Plaintiff will be
required to make arrangements to have the documentation delivered to the
newspaper for publication.
•Upon completion of publication, the publisher will file an affidavit with the
dates of publication and a copy of the published order with the Clerk of the
Court in accordance with Va. Code §8.01-325. Upon receipt of the "proof of
publication" the Clerk will complete a certificate of compliance and place it in
the case file in accordance with Va. Code §8.01-317.
•If service of the Complaint is made by publication, a court reporter is required
at the divorce hearing in accordance with Rule 3:1, unless the Defendant files
an answer, waiver or other formal appearance. The Plaintiff is responsible for
making arrangements for a court reporter to be present.
IV. AFTER SERVICE OF PROCESS
•After serving process, the Defendant may choose to waive further notice of
the proceedings by executing a waiver form. Again, this can be done using
Form CC-1406 - Acceptance/Waiver of Service of Process & Waiver of
Future Service of Process and Notice. A copy of this form is available in the
Clerk's Office, can be accessed through the website of the Virginia Judicial
System at //www.courts.state.va.us/forms/circuit/cc1406.pdf
or
ATTACHMENT 4. The form must be signed under oath in front of a Notary
Public or Deputy Clerk of the Circuit Court. (Note: The Waiver of Notice
cannot be signed by the Defendant prior to the filing of the Complaint.)
V. PROCEEDING WITH THE DIVORCE ACTION
A. CONTESTED DIVORCES: These cases will be placed in the Domestic Case
Tracking Program and will be set for trial on all contested issues.
B. UNCONTESTED DIVORCES: The only cases that may proceed by ore tenus
hearing are purely uncontested matters. These are matters where all property,
custody, child support and spousal support rights are resolved, and neither party is
going to claim any fault grounds for divorce, and where neither party is going to
put on any evidence of the facts and circumstances leading to the dissolution of
the marriage.
C. RESTORATION OF FORMER NAME – Va. Code §20-121.4: If one of the
parties asks either in the Complaint or in any motion filed with or after the
Complaint to resume their maiden or former name, an additional fee for recording
of a name change is required. When the Final Decree of Divorce from the bond of
matrimony is signed, the court may restore the party's maiden or former name in a
separate order meeting the requirements of Va. Code §8.01-217, provided the
proposed order changing the name is submitted along with the final decree of
divorce.
D. PRIVACY ADDENDUM – VA. CODE §20-121.03: Any petition, pleading,
motion, order, or decree filed under this chapter, including any agreements of the
parties or transcripts (written record of testimony), shall not contain the social
security number of any party or of any minor child of any party, or any financial
information of any party that provides identifying account numbers for specific
assets, liabilities, accounts, or credit cards. Such information if required by law to
be provided to a governmental agency or required to be recorded for the benefit or
convenience of the parties, shall be contained in a separate addendum filed by the
attorney or party. Such separate addendum (attachment) shall be used to distribute
the information only as required by law. Such addendum shall otherwise be made
available only to the parties, their attorneys, and to such other persons as the court
in its discretion may allow. The attorney or party who prepares or submits a
petition, pleading, motion, agreement, order, or decree shall ensure that any
information protected pursuant to this section is removed prior to filing with the
clerk and that any separate addendum is incorporated (included) by referring back
to the petition, pleading, motion, agreement order or decree.
•Identification of Private Addendum – Colored Paper: The complete order
or decree, public and private parts, must be submitted simultaneously (at the
same time) to the court for entry. The private addendum needs to be printed
on light pink paper (ATTACHMENT 6) so that the clerk knows immediately
that this document must be sealed in the case file or must have a pink
coversheet paper-clipped on top of the private addendum document.
•The addendum may be in a format of a pleading that has in bold print
“PRIVATE ADDENDUM PURSUANT TO VA. CODE §20-121.03”. A
sample of a Final Decree of Divorce is attached for six month separation and
one year separation. (ATTACHMENT 5)
•The Private Addendum recommended by the Supreme Court of VA- state
form CC-1426 can be accessed through the Web-Site of the Virginia Judicial
System.
//www.courts.state.va.us/forms/circuit/cc1426.pdf
(ATTACHMENT 6)
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(Created by Fairfax Bar Association)
E. ORE TENUS HEARING: If all issues are uncontested, a party may request to
have the Court hear evidence ore tenus. You may pick up an outline of the Ore
Tenus Hearing Instructions and Request for Ore Tenus Hearing form at the
Clerk's Office Civil Division counter on the third floor of the Fairfax County
Courthouse. Or you can access the information on the Court’s website at:
//www.fairfaxcounty.gov/courts/circuit/pdf/CCR-H-50.PDF
or (ATTACHMENT 7)
1. BEFORE THE ORE TENUS HEARING
At the time the Request for Ore Tenus Hearing is filed, the party filing the
Request must submit with the request,
•Original proposed Final Decree of Divorce;
•Name Change Order to resume maiden or former name, if applicable;
•Copy of any Separation Agreement, if applicable; (the original Separation
Agreement should be presented to the Court at the hearing.)
•Private Addendum containing the parties social security numbers;
•VS-4 form; (completed legibly in black ink and no white out on form)
•Waiver of Notice or Proof of Service, if applicable.
The Decree must contain the endorsement of each party who is legally entitled to
notice of the ore tenus hearing and who will not be appearing at the hearing, unless the
moving party (person requesting the hearing) will be serving the proposed decree on the
other party along with the notice of the date and time of the ore tenus hearing. A party is
not entitled to legal notice of the hearing if that party: (1) has signed a waiver of notice
of entry of the Final Decree of Divorce; or, (2) has accepted or waived service of process
and has not filed an Answer in the suit; or, (3) was served by publication and has not filed
any papers in the suit other than any waivers; or, (4) has signed a waiver of all further
notice. The original of any Separation Agreement should be presented to the Court
at the ore tenus hearing.
Upon filing of a Request for Ore Tenus Hearing, the file will be forwarded to one
of the judges' law clerks to review all of the pleadings, including the proposed Final
Decree of Divorce and any proposed Name Change Order, to assure compliance with all
statutory requirements. The law clerk will send you a postcard with information as to
whether all proper papers have been submitted and whether they are correct and
complete.
•If the law clerk has advised the moving party that the pleadings comply with
all statutory requirements, then the moving party must contact the ore tenus
clerk within 14 calendar days of the date of the written notice, at (703) 246-
4200 to schedule the hearing. If required by law, notice of the date and time of
the hearing must be served on the other party. Note: If service of the
complaint was made by publication, a court reporter is required at the
divorce hearing, unless Defendant has filed a pleading, waiver or entered an
appearance in accordance with law. If the Defendant has filed a pleading,
waiver or entered an appearance, a court reporter will not be required. The
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plaintiff is responsible for making arrangements for a court reporter to be
present.
•If the pleadings do not comply with all legal requirements, the law clerk will
mail a blue Rejection of Ore Tenus Filing form (Rejection Notice – CCR H-
49) to the moving party. The moving party will then have up to 14 calendar
days from the date of this form to correct all deficiencies. Upon making the
required corrections the moving party must return the corrected pleadings,
along with the bottom half of the Rejection Form fully completed, to the
Clerk’s Office. It is not sufficient to simply file or mail the correct
pleadings to the office of the Clerk of Court without including the bottom
half of the Rejection Form and noting that they are to be forwarded to
the specific law clerk th at sent the form.
•All communications with the Judges’ law clerks must be in writing and
limited to the items in the rejection form. Telephone calls relating to ore
tenus cases will not be received by the law clerks. Furthermore, since the
law clerks are not permitted to give legal advice to attorneys or to pro se
parties, requests for such advice will not be entertained.
•If the revised pleadings comply with all statutory requirements, the law clerk
will inform the moving party in writing and then the moving party must
contact the ore tenus clerk within 14 calendar days of the date on the
acceptance postcard to schedule the hearing. Your ore tenus hearing must be
scheduled for a date certain on a Monday, Tuesday, Wednesday or Thursday
at 10 a.m.
•If the revised pleadings do not meet all statutory requirements, or if the
moving party has not scheduled the ore tenus hearing within 14 calendar days
of the date on the acceptance postcard, the parties may not be able to proceed
on the uncontested ore tenus docket.
2. AT THE ORE TENUS HEARING
The hearing before the Judge should take approximately ten minutes. The moving
party must be prepared to present evidence to support every allegation in the Complaint
through the testimony of the moving party and
A CORROBORATTING WITNESS
(other than your spouse). A corroborating witness is a witness who has direct personal
knowledge of the information (not simply what you or others have told the witness) and
can testify to the information outlined in ATTACHMENT 8B. The witness’ knowledge
must be based on something more than the information given to the witness in
preparation for the hearing. The corroborating witness must appear at the time of the
hearing. It is the responsibility of the moving party to make certain that the witness can
be present on the hearing date. The presiding Judge cannot serve as an attorney, and the
moving party must be prepared to ask the relevant questions. A copy of general sample
questions are in ATTACHMENT 8B. The questions asked of the witness must support
the allegations in the Complaint.
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