Uncontested Divorce Procedures Virginia Beach Circuit Court Damian

Uncontested Divorce Procedures Virginia Beach Circuit Court Damian U. Garcia, Edge Law, P.C. 3-31-21

Stipulation and Agreement Contract that covers the property division (equitable distribution), maintenance (support) and all other issues in order to dissolve the marriage. Can include provisions regarding children (custody, visitation and support), if applicable. Once executed, changes the divorce from contested to uncontested. Must settle all issues related to the divorce. No lingering issues with spousal or child support, etc.

Stipulation and Agreement Topics to cover (as applicable) Child Custody Insurance(s) Life Health Auto Child Parenting time Child Support Spousal Support Retirements Real Property Banks Accounts Personal Property (Personalty) Debts Business Interests Vehicles Investments

Virginia Beach Circuit Court Uncontested Divorce Procedures Manual Can be found online: https://www.vbgov.com/government/departments/courts/circuit-court-jud ges/documents/uncontesteddivorcemanual.pdf Very helpful resource Designed to be used by non-lawyers Includes the Rules in order to complete an uncontested divorce

Cover Page of Uncontested Divorce Procedures Manual

Starting the Uncontested Divorce Complaint Service (Maybe Acceptance of Service/Waiver) 21 days to respond – unless parentheses above 6 months vs. 12 months timeline No minor children?

Finalizing the Uncontested Divorce Affidavit or mini-uncontested hearing? If living physical apart during the separation period (or enough time has passed) Affidavits If living under the same roof during the separation period Hearing Uncontested hearing questions (See next slide)

Hearing Request Form Online: https://www.vbgov.com/government/departments/courts/circuit-court-jud ges/Documents/Duty%20Judge%20Motion%20Request%20Form.pdf

Uncontested Hearing Questions For Client: Name and address Do you affirm the allegations in the complaint (or counterclaim)? Who are you married to? Where were you married? When were you married? Are you both over 18 years old? Have you (and/or your spouse) been domicilliaries and bona fide residents of the Commonwealth of Virginia for at least six month prior to the filing of this divorce? Have either you or your spouse been incarcerated in a mental or penal institution at any time since the filing of this divorce? Are you and your spouse mentall competent? Have either of you been a member of the armed forces of the United States on active duty at any time since the filing of this divorce? If yes, were you or your spouse stationed in Virginia for at least six months preceding the filing of this divorce? Have you and your spouse separated from on another? If so, when? When you and your spouse separated, did one of you intend for the separation to be permanent? If not, then when did you form the intent?

Uncontested Hearing Questions For Client (cont.) Since the date of separation, have you and your spouse lived separate and apart, continuously, without cohabitation and without interruption? Are there any children born or adopted of the marriage? If yes, state their name and ages Do you affirm that the wife is not known to be pregnant from the marriage? Have you and your spouse entered into a written and signed property settlement agreement? If yes, do you want the Court to affirm, ratify and incorporate the property settlement agreement into the final divorce decree? Is there a request to have a former name restored? If yes, what is it? Do you want the Court to grant you a divorce based on the grounds of having lived separate and apart without cohabitation and without interruption for a period in excess of one year/six months?

Uncontested Hearing Questions For Witness: Name and address How do you know the parties in this divorce action? How do you know the plaintiff/defendant? How long have you known the plaintiff/defendant? Do you verify that you are over the age of 18 and not suffering from any condition that render you legally incompetent? Do you verify that neither party is incarcerated? Do you verify the allegations in the complaint or counterclaim? (Cont. on next slide)

Uncontested Hearing Questions For Witness (cont.) Do you verify that at least one of the parties to the divorce suit is, and has been for a period in excess of six months, a bona fide resident and domiciliary of Virginia? Were there any children born or adopted of the marriage? Do you verify that the wife is not known to be pregnant from the marriage? Do you verify that you have personal knowledge that the parties have not cohabitated since (date of separation) as alleged in the complaint? Do you verify that is has been the moving party’s intention since that date to remain separate and apart permanently?

Affidavits instead of hearing The previous slides’ questions can also be answered via affidavit if there has been no cohabitation during the separation period

Affidavits Online (Moving party): https://www.vbgov.com/government/departments/courts/circuit-court-jud ges/Documents/AFFIDAVIT%20OF%20MOVING%20PARTY%20IN%20DIVO RCE%20WITHOUT%20COURT%20HEARING.pdf Online (Witness): https://www.vbgov.com/government/departments/courts/circuit-court-jud ges/Documents/AFFIDAVIT%20OF%20WITNESS%20IN%20DIVORCE%20 WITHOUT%20COURT%20HEARING.pdf

Final Divorce Decree Will be dependent on the divorce itself 6 months? 12 months? Children? Support? Equitable Distribution? Publication? Retirements? QDRO’s, ADRO’s, etc. Name Change Motion/Order? Must be separate from Decree Must include Notice language related to above (as required by statute)

Final Divorce Decree Goes through the VB law clerks for final review They will catch your errors! So be on your p’s and q’s!

Final Divorce Decree Upon entry, your client is divorced, time to plan the divorce party.

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