What is the Procedure for Getting Divorced?
No-Fault/Uncontested Divorce Different courts use different procedures. In Charlottesville and Albemarle County, most no-fault/uncontested divorces start with a property settlement agreement. Once the spouses have been separated for the required time period (six months or one year), one spouse files a legal pleading called a “complaint” in the circuit court along with the property settlement agreement. The complaint must be served on the other spouse. The other spouse can, but is not required to, file a legal pleading called an “answer”. The complaining spouse and a corroborating witness will be required to answer questions under oath (a deposition), and a transcript of the deposition will be prepared. Another legal pleading called a “final order” will need to be prepared. The final order must use specific language (especially if child support or spousal support is involved). The final order, the transcript of the deposition, and a required state form are submitted to the court. If the
