Use of An Attorney:
Each party involved in a divorce matter is strongly encouraged to consult with an attorney so that the legal effects of the proceedings may be fully explained. While it is your right to proceed without an attorney, if you do so, you may forever, unknowingly waive your rights to custody or visitation, child or spousal support, equitable distribution of property, and other legal claims arising out of your marriage. The law clerks and the clerk's office staff and judicial staff are not permitted to give you legal advice.
An uncontested divorce is one in which:
a. All of the issues have been agreed to by the parties; and
b. The grounds are separation for the statutory period (no-fault), or a motion for a no-fault divorce will be made pursuant to Virginia Code § 20-121.02; and
c. Child support, spousal support, custody, and/or visitation:
- are not requested; or
if they are requested, there is a written and signed agreement, or both parties have signed the final divorce decree.
Who Can Hear an Uncontested Divorce:
The parties may elect to have the case heard by a judge or a divorce commissioner. The have the case heard by a judge, the parties must comply with the requirements set out in the Uncontested Divorce Manual. To have the case heard by a commissioner, the parties must submit a decree of reference to the clerk's office. Once an uncontested divorce case has been referred to a commissioner, the case will be heard by a commissioner and not by a judge.
Important Instructions:
Under Related Information on the right are the following uncontested divorce forms available in PDF fillable format :
•Hearing Request Form
•Decree of Reference
•Addendum for Protected Information
To fill out a form, open the form by clicking on it. Click inside the first field you wish to edit. Begin typing. Use your mouse or "Tab" key to navigate forward through the different fields. Use the "Shift" plus "Tab" keys together to go back.