Virginia Divorce Complaint With Children Form

Divorce Complaint With Children.doc This form is used when applying for divorce in Virginia if you have minor children in your marriage. This form, along with others, should be filed at the county court clerk’s office.

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VIRGINIA:
IN THE CIRCUIT COURT FOR

Plaintiff

Address

City, State, & Zip Code

v.

Case No.

Defendant

Address

City, State, & Zip Code

 

COMPLAINT

No Fault (One Year Separation); No Contest

 

            COMES NOW Plaintiff, ___________________________, and for his/her Complaint respectfully represents as follows:

  1. That your Plaintiff was lawfully married to the Defendant, ___________________________, on the ____ day of __________________, 2____, in _____________________________________________________.
  2. That there were ____ children born or adopted by the parties, whose full name(s), and date(s) of birth are as follows:

______________________________________________________________________________

______________________________________________________________________________

and/or

 

That the custody and support of the children named above have been addressed in

 

an Order dated       from the Juvenile and Domestic Relations

 

District Court for       County/City, Case

 

No(s).:     .

 

  1. That your Plaintiff is domiciled in and has been a bona fide resident and domiciliary of the Commonwealth of Virginia for at least six months immediately preceding the commencement of this suit.
  2. That the parties last cohabitated in _____________________________________.
  3. That the parties hereto separated on the ____ day of __________________, 2____, at which time it was the intent of one or both of the parties that the separation be permanent, and have lived separate and apart without any cohabitation and without interruption for at least one year preceding the institution of this suit.
  4. (If applicable) That on the ____ day of __________________, 2____, the parties entered into a Property Settlement Agreement that decides all property and support issues between the parties and there are no further issues for the Court to determine.

OR

That the parties do not have any property issues to be addressed by the Court.

 

  1. That neither of the parties hereto are active members of the Armed Forces of the United States and they both are over the age of eighteen (18) years.
  2. That there is no hope of reconciliation between the parties.

WHEREFORE, your Plaintiff prays as follows:

That Plaintiff be awarded a divorce a vinculo matrimonii from the Defendant on the ground of the parties living separate and apart without any cohabitation or interruption for a period of one year.

(If applicable) That the Property Settlement Agreement entered into by the parties and dated the ____ day of __________________, 2____ be affirmed, ratified, and Incorporated (but not merged) into the Final Decree of Divorce to the extent permitted under Section 20-109.1 of the Code of Virginia, and the parties may be ordered to comply with its terms.

That the provisions of custody, visitation and support contained in the Order

 

dated       from the Juvenile and Domestic Relations

 

District Court for       County/City, Case

 

No(s).:

 

be affirmed and jurisdiction over these matters shall remain with that Court.

 

That Plaintiff/Defendant be restored and confirmed to his/her former name, to-wit: ___________________________, and that he/she may have such other and further relief as the nature of this case may require.

 

Respectfully submitted,

 

__________________________

Plaintiff

 

__________________________

Phone/Fax