Did you know that you can file Virginia divorce papers online in some situations?
Here is some information about filing for divorce online in Virginia and what you will need to complete the process without appearing in person.
Requirements to File for a Divorce Online in Virginia
To file divorce papers online, you must meet several requirements. These requirements apply to you, your marriage, and your divorce.
Virginia Requirements that Apply to You and Your Spouse
The state of Virginia requires at least one spouse to live in Virginia for at least six months before filing the divorce. Only one spouse needs to meet this residency requirement, but the Virginia resident must be the spouse to file the online divorce.
Online divorce is particularly useful for members of the military or foreign service who have been deployed.
Virginia considers you to be a resident if, for six months before deploying, you:
- Lived in Virginia
- Lived on a ship with a home port in Virginia
- Lived on a military base in Virginia
Thus, a member of the military or foreign service can file online for a divorce while deployed if they lived in Virginia for six months before deploying.
Virginia Requirements that Apply to Your Marriage
Virginia only allows you to file online for no-fault divorce. To qualify for a no-fault divorce, you and your spouse must have lived separately before filing for the divorce. The required period depends on whether you have minor children with your spouse or not.
Specifically, you must live apart continuously and without interruption for:
- Six months if you have no minor children and a separation agreement
- One year if you have no minor children and no separation agreement
- One year if you have minor children
This separation period must continue without any cohabitation for the entire period. If you spend one night at your spouse’s home, the period starts over.
Virginia Requirements that Apply to Your Divorce
Virginia only allows you to file a divorce online if it is uncontested. An uncontested divorce happens when you and your spouse have agreed on:
- Child custody
- Child support
- Property division
- Spousal support or alimony
You do not need to document the terms in writing to file for an online divorce. But you should consider putting your agreement in writing so both you and your spouse understand the terms of the divorce.
Obtaining a Divorce Online in Virginia Without a Hearing
The convenience of filing for divorce online in Virginia is that a judge can grant your divorce without any in-person proceedings if you meet certain conditions. Virginia allows divorce by affidavit, which eliminates the divorce hearing or trial.
To obtain a divorce by affidavit, you must submit an affidavit with the divorce that:
- States the facts about the length of your separation
- Verifies whether either spouse is incarcerated
- Verifies the military status of the non-filing spouse
- Affirms your residency in Virginia
- Affirms your separation was continuous and without interruption
- Affirms your desire to receive a no-fault divorce
- States whether you and your spouse have children or not
Since your divorce is uncontested, your spouse will not need to file a response to the divorce papers after you serve them.
In the absence of a response, a judge can grant a divorce with the divorce complaint, proof of service or waiver of service, and affidavit. Neither you nor your spouse would then be required to appear in court.
To file your divorce online in Virginia , get started now with DiPietro Law Group.