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How to File for Uncontested Divorce Online in Virginia

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  • In Virginia, it is possible to file for divorce online without going to court.
  • To file for divorce online, both parties must agree on all areas of divorce, including marital property, child support, child custody, alimony, and proper division of assets.
  • Nearly all steps may be completed with our office online in an efficient manner.
  • Montagna Law offers comprehensive online divorce filing services in the Hampton Roads area.
Two wedding rings lie overlapping on a reflective surface, with a soft-focus background creating a romantic and intimate atmosphere.

For some relationships, the desire to end a marriage in divorce is equal on both sides. In these situations, the process of filing for divorce is rather straightforward, but there are numerous legal steps that must occur so Virginia divorce laws are met. For those who wish to learn how to file for divorce online in Virginia, the following insights can be helpful to get the process started. We also encourage you to reach out to Montagna Law to discuss any legal concerns in your divorce proceedings.

Process for Filing Your Uncontested Divorce Online

It is possible to file for divorce online in Virginia, though there are several requirements that must be met. An uncontested divorce, or one in which both parties agree to the divorce, must be agreed upon and documented in a signed document to the court. Within that separation agreement must be clear decisions on all issues in the divorce, which may include:

  • Grounds for divorce
  • Spousal support awards
  • Equitable distribution of assets
  • Child custody, if applicable
  • Child support, if applicable
  • Parenting time and visitation schedules, if applicable

If you and your spouse can make clear decisions in these areas, our law office can draft the separation agreement for you, meeting the state’s requirements in doing so. This allows our divorce attorneys to verify that all necessary details are submitted to the court in the divorce petition.

After a separation agreement is drafted and then signed, one party will file the official Complaint for Divorce with the court. There will be additional forms required by the state depending on the financials in the divorce, such as an outline of the division of assets and child custody matters. The other party will then send a Waiver and Acceptance of Service document to the court.

When the second party is willing to sign a Waiver and Acceptance Service, the following is sent to the court:

  1. Moving Party Affidavit signed by the client
  2. Final Decree of Divorce
  3. Form to change the parties’ marital status with Vital Statistics

With the help of our divorce attorney in Virginia, we can create all of these documents for you and then file them properly with the court, meeting all legal requirements. This will finalize the divorce.

At Montagna Law, our attorneys can handle this entire process quickly and efficiently. If you use our office to draft the separation agreement, all of the necessary information to file and then finalize the divorce is already available to our team from the intake form. You simply need to have one party sign the documents and submit them to court to facilitate a fast and efficient process.

What Are the Benefits of Filing Your Divorce Online in Virginia?

A woman and a young girl, embracing, are looking at a laptop in a home kitchen setting.

In a no-fault divorce where both parties fully agree on the terms of the divorce, including aspects such as alimony and minor child custody matters, using an online divorce process is faster. More so than that, working with our office makes the process more convenient.

Our attorneys complete the entire divorce process with you over the phone or through email, including nearly all divorce papers. Aside from the document that you must sign, all other matters in your uncontested divorce case may be handled online. When a signature is necessary, we can email that form to you to print, sign, and mail to us. Additionally, we also offer notary services for those documents that require notarization, eliminating nearly all of the frustration that comes from navigating divorce forms.

When you utilize our services as your divorce lawyer with our online service, you gain several benefits:

  • The process is efficient and accurately done.
  • All documents, including property division, fault grounds, and alimony matters, meet the Commonwealth of Virginia laws.
  • All rules are met, including martial property division rules and residency requirements.
  • We keep you updated at each step of the divorce process. This way, you always know what needs to be done to move your case forward.
  • Our family law attorney handles the full process, including communicating with the other party, filing with the proper Circuit Court or Court Clerk’s Office, and navigating any concerns along the way.
  • After filing your documentation with the court, we will send you the Final Decree of Divorce once complete.

Can I Get an Online Divorce If I Have a Child?

As long as it is not a contested divorce, it is possible to get an online divorce if there is a child involved. In these situations, you and the child’s other parent must fully agree to all terms related to the child. This includes:

  • The amount of time the child will spend with each parent
  • Child custody matters, including legal and physical custody
  • Child support payments

If you are both in agreement in these areas, you can file for divorce in Virginia online through our services.

What Are the Residency Requirements to File for Divorce in Virginia?

A person in a suit signs documents; another observes, near a gavel and rings on a table, suggesting a legal or matrimonial context.

You must meet residency requirements in Virginia to file for divorce within the state. These rules include both:

  • One party must have lived in Virginia for six months prior to filing for divorce
  • One spouse must still live in Virginia at the time of filing for divorce

Why Work With Montagna Law?

Montagna Law offers comprehensive legal advice and guidance to our clients. We know you want to move forward with your life, and that means putting this divorce behind you. We are efficient, reliable, and dedicated to minimizing the complexities of your case in any way possible. Montagna Law provides comprehensive services in the Hampton Roads area, including Virginia Beach, Norfolk, Newport News, Chesapeake, Portsmouth, and Suffolk. We offer the level of legal aid you might need, keeping your costs in line with your expectations.

Recent Client Testimonials

“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” – Constance

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. He was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation” – Tyler

“I would recommend Sam to anyone. Very empathetic. She has a friendly staff on her team. Been working together 2 years and never felt rushed or that she didn’t have time. She is a good attorney, she cares and she tries for you. Fun and easy to talk to but turns into the beast you need to fight for you in court. Sam is wonderful.” – Kara

Additional Resources

Agree On Everything in Your Divorce? File it Online in Virginia!

When you agree to divorce, have a property settlement agreement in mind, or just want to move forward, let our attorneys guide you. With Montagna Law, we can help you meet all necessary legal steps, clarify the filing fee, and move your divorce forward. Contact us now for a consultation by calling 877-622-8100 or filling out a contact form online.

Frequently Asked Questions

Can You Get a Divorce Without Going to Court in Virginia?

In Virginia, if you are filing for an uncontested divorce, you may not need to go to court to do so. You and your spouse must be in complete understanding of the terms of the divorce for this to occur.

What Happens to Children in a Virginia Divorce?

In many situations of divorce with children, the parents or the court, if the parents cannot do so, will determine where the child lives, who can make legal decisions for the child, and whether or not child support is owed. Most of the time, the state favors both parents playing an active role in the child’s life.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.

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