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Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).

The basic form that you'll need to prepare will be the divorce complaint, which tells the court what you're requesting in your divorce. When filing for an uncontested divorce, you will also include your settlement agreement and a proposed final divorce decree that matches the provisions in your agreement.

The ?Petition for Proceeding in Civil Case Without Payment of Fees or Costs? is a form that allows a person who has little income (or who has very high expenses) to ask a Virginia court to ?waive? (which means ?not require?) the fees associated with civil court actions.

What is a wife entitled to in a divorce in Virginia? Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouse's financial situation and assets.

Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months.

While a separation usually means one party moving out of the marital residence, the Virginia Court of Appeals has held that spouses may live separate and apart under the same roof for purposes of their six- or twelve-month separation period.