ONE YEAR SEPARATION DIVORCE PACKAGE

NOTICE

You are first advised to consult an attorney. The information provided in this package is

not intended to be legal advice and you should not rely on it as such. The staff of the Circuit

Court Clerk’s Office and the judicial law clerks cannot assist you by answering legal questions

through carefully and submit only what applies to you and your situation.

This example package is NOT intended to be used as a fill-in the blank form. You must

type all your papers in the acceptable format.

Clerk of the Circuit Court

Prince William County

Civil Division—Room 314

9311 Lee Avenue

Manassas, Virginia 20110-5598

Revised: 4/30/20

There are no specific forms to fill out to complete your divorce. You must prepare

all documents. An expedited divorce process, called Ore Tenus, is available if both parties are in

complete agreement as to getting a divorce. These expedited divorces are called “uncontested”

divorces. If you have a contested divorce you cannot proceed by ore tenus. Instead, you must file

all the same paperwork but after you file the paperwork you will need to schedule a Trial Date.

To schedule a Trial Date you will need to file a praecipe stating your desire to set a “Motion to

Set Date for Trial” on the Friday Motion’s Day Docket. If you must take this step -- after filing

all of the preliminary paperwork -- please go the Clerk‘s Office in person for instructions on how

to place your case on the Motions Day Docket.

separation, a property settlement agreement is required before you file for divorce, even if the

parties are not seeking support payments and have no property together. Please see the six month

divorce packet if you want to proceed on the ground of six month separation. The next page will

explain in more detail the requirements for the ground of divorce you are seeking.

This packet is intended to help parties seeking a divorce based on continuous

separation without cohabitation for one year. If you and your spouse have been separated

for less than one year, you do not qualify for this ground of divorce, and you cannot file for

divorce on this ground at this time. You may wish to review the six-month separation

divorce packet to see if you qualify for that ground of divorce – be advised, the six-month

If you have children or property, or if you are alleging fault by your spouse, you are best

protected by hiring an attorney. Further, if you do not know the whereabouts of your spouse, or if

he/she is in jail for committing a felony, you should hire an attorney. We cannot make

recommendations for specific attorneys, but you may call the Virginia Lawyer’s Referral Service

at 1-800-552-7977 or the Prince William County Bar Association at 703-393-2306 for referral to

an attorney.

if everything flows smoothly.

Each document you submit must be typed and double-spaced, on 8 ½ inch by 11 inch

white paper, allowing proper margins in all directions. Each document submitted must contain

your name, address, and a daytime phone number, and you must sign each document. Provide

information specific to your situation and change the documents as necessary. If you submit

materials which are lacking in either substance or form, you will be asked to correct and re-

submit your documents. Each document must be submitted at the proper time. Save electronic

copies of all documents filed with the court and/or ask the Clerk’s to make you a copy of all

documents filed. Most people need to correct and resubmit the documents. Saving a copy

will help you make the necessary changes and resubmit the documents more quickly.

Code. The laws may be found at your local library, in the Law Library at the Judicial Center on

Law Clerk CANNOT give you legal advice or help you with preparation of your documents.

Once you are advised that you have a problem, it is your responsibility to correct it. You may

wish to contact an attorney to correct the problem.

You will be representing yourself, “pro se” if you make the decision to move ahead

and not hire an attorney. We cannot assist you beyond this handout and sample forms.

PREREQUISITES FOR DIVORCE BASED ON ONE YEAR SEPARATION

Part A: Drafting the Complaint

Complaint. You cannot simply “fill in the blanks” or use a former divorce file and make a few

changes. Instead, it is critical that you create a Complaint that is specific to your situation, and

what you want. It is your responsibility to read the Complaint before you file it, make sure it

makes sense, is grammatically correct, and accurate, and if it is not, to make all the changes

on a new copy before filing it with the Clerk’s Office.

Your Complaint must “allege” specific grounds upon which a divorce may be granted.

These allegations are listed in numbered paragraphs. Normally, these paragraphs are no more

Plaintiffs characterization of the facts of the case, and are, ultimately, the facts which the

Plaintiff must prove to gain the relief sought (i.e. the Court granting you a divorce). It is essential

because some of the allegations are “jurisdictional,” or necessary before the Court can even

spouse enter into a PSA to resolve all your property and support issues. If you have a PSA, the

Complaint must state that a PSA has been signed by both parties and, if you so desire, request

both equitable distribution and spousal and child support, if relevant.

matters. We suggest you retain an attorney to help you write a PSA that adequately protects your

Matters regarding the children of the marriage, such as custody, support and/or visitation

may be handled through the Intake Office of the Juvenile and Domestic Relations Court. The

telephone number is 703-792-6210 in Manassas, or 703-792-7350 in Woodbridge. If you have

already resolved these matters in the Juvenile and Domestic Relations Court, you do not need to

address them again in your divorce proceeding, and you may NOT adopt or ratify an order from

these Courts as part of the divorce. It is best for pro se litigants to pursue matters concerning

custody, support, and/or visitation in the Juvenile and Domestic Relations District Court. The

Juvenile and Domestic Relations District Court is equipped to handle matters for parties without

the Name Change Packages available in the Clerk’s Office.

request the relief you are seeking from the Court (i.e. a divorce). The prayer should state not only

that you seek a divorce. The prayer should state that you request a divorce based on a specific

ground, or request a divorce pursuant to a specific section of the Code of Virginia (i.e. Virginia

Code Section 20-91(A)(9)(a)). Furthermore, if you have a PSA and are requesting that

one extra copy and a filing fee of $86.00. Keep the third copy for yourself. If your spouse

resides in Virginia, and you are having service done by a Sheriff’s Department, you will need to

pay an additional $12.00 for serving the Complaint on your spouse, for a total of $98.00.

However, the Complaint does not have to be served through the Sheriff’s office. See “Types of

Upon the filing of your case, you will receive a civil (CL) number. This is the number by

want to consider:

Sheriff’s Department of the County where the Defendant resides to obtain local

notice of acceptance, in person before any Notary Public or in the Clerk’s Office. The

signed and dated under oath (in front of a Notary Public or a Circuit Court Clerk) by the

This form of service will severely delay your divorce.

Part A: Submitting the Final Order of Divorce

Regarding minor children and spousal support:

support or visitation, you must include a statement that: “All issues relating to child

support, custody and/or visitation, are not before this Court at this time.”

Court.

your FDD must comply with Virginia Code Section 20-107.1(H).

and you will need to serve him/her with a Notice to appear in Court on a Motions Day for the

purpose of ”Setting a Date For Trial”. If you must take this step, please go in-person to the

Clerk’s Office for instructions on how to place your case on the Motions Day Docket.

In Prince William County, uncontested divorces may proceed by an ore tenus hearing

Ore tenus hearings are scheduled on Thursdays at 9:00 a.m. These Thursday dates fill up

quickly, so you may not be able to schedule a hearing date that is agreeable to you, your

$86.00 and any additional services fees. Please note that the special ore tenus docket is

ONLY available if there has been a waiver accompanied by a fully endorsed FDD, service

by publication, personal service, the defendant has signed the Final Decree of Divorce, or

other means as prescribed by Virginia Code. Otherwise, please proceed by scheduling a

date for a trial on your divorce case via the Court’s regular scheduling procedures. Also, if

advised to consult an attorney.

To request an ore tenus hearing, submit a written request along with your FDD and the

VS-4 form is a simple statistical form required by the State and is available in Room 314 of the

VS-4 form. Also note that the grounds for divorce in the VS-4 form should be either 6 months

separation or 12 months separation.

If you attach a stamped, return addressed envelope to your proposed FDD the Clerk’s

stamped, return addressed envelope to your proposed FDD you will need to come to the Clerk’s

Office in-person to get a copy of the FDD signed by the judge. Further, if you would like the

Clerk’s Office to send a copy to your spouse, you will need to include a second stamped

envelope addressed to your spouse.

letter it will be to detail any problems with your documents. Any documents you are required to

will ensure all FDD or VS-4s are directed to the correct law clerk. If you resubmit a document

other than a FDD or VS-4 let the Clerk’s Office know that the law clerk is expecting it. After all

problems are resolved, you will be called by a calendar clerk to schedule an ore tenus hearing

date.

A HEARING DATE WILL NOT BE SCHEDULED UNTIL APPROVAL BY A

LAW CLERK. The law clerk cannot grant approval until ALL of your paperwork is complete

and complies with Virginia law. Any mistakes or omissions in your paperwork will cause a delay

in scheduling your ore tenus hearing. The Court will then place your case on a Thursday docket

that is agreeable to both you and the Court. Remember that you should clear the dates you have

corroborating witness. Your witness can be anyone over the age of 18 even if that person is

related to you. However, your witness cannot be your spouse. The hearing will start at 9:00am on

a Thursday and you and your witness must arrive at least 10 minutes before for your hearing and

immediately present the following to the deputy in the courtroom: your driver’s license and your

witness’ driver’s license.

SUBSCRIBED AND SWORN TO/AFFIRMED before me this day by ____________________

(Defendant’s Name).

MUST RETYPE YOUR REQUEST FOR ORE TENUS. DO NOT retype the language in

be changed as necessary for your particular case. This form is NOT intended to be legal

advice and should NOT be relied upon as such. You are encouraged to consult an attorney.

* * *

___________________ (full name)

Plaintiff

v.

___________________ (full name)

Defendant

REQUEST FOR ORE TENUS HEARING

I, ____________________ (Plaintiff’s Name), hereby request that this matter be set for

an ore tenus hearing as all issues in this case are totally uncontested.

I ASK FOR THIS:

(Type your day time phone number)

Attachments:

PSA ______

FDD ______

Name Change Order _____

MUST RETYPE YOUR FINAL ORDER OF DIVORCE. DO NOT retype the language in

be changed as necessary for your particular case. This form is NOT intended to be legal

advice and should NOT be relied upon as such. You are encouraged to consult an attorney.

* * *

VIRGINIA:

IN THE CIRCUIT COURT OF 31ST JUDICIAL CIRCUIT

___________________ (full name)

Plaintiff

Defendant

4. Both parties are of sound mind, over the age of 18 years, and neither is an active

member of the military service of the United States;

Defendant’s driver license number is __________________________;(in the alternative, if

driver license numbers are the same as your social security numbers, please place your social

divorce. If a party intends to revoke any beneficiary designation made payable to a former

benefit. Otherwise, existing beneficiary designations may remain in full force and effect

ADJUDGED, ORDERED, and DECREED that the Plaintiff is hereby granted a

Section 20-107.1(H) of the 1950 Code of Virginia, as amended, the following information is

provided:

Employer’s Address:

_________________________________________

(day)_____________(year)(date payment starts);

3. The Order of this Court as to health care coverage for spouse or former spouse is

their former spouse.”)

time that support arrearages should exist, all payments made are to be credited to current support

obligations first, with any payment in excess of the current obligation applied to the arrearage;

5. Notice is hereby given that the parties shall give each other and the court at least

30 days' written notice, in advance, of any change of address and any change of telephone

obligation as it becomes due and unpaid creates a judgment by operation of law.

****************

whom the parties have a mutual duty to support and there is spousal support and/or child

support awarded in the PSA or the FDD; otherwise, skip this section and continue to next

section)

Section 20-60.3 of the 1950 Code of Virginia, as amended, the following information is

provided:

4. The following information is provided for the parties:

(Do NOT list any party’s SSN in this form – place such in the Private Addendum)

(Do NOT list any party’s SSN in this form – place such in the Private Addendum)

Employer:

_________________________________________

_________________________________________

_________________________________________

5. Notice that pursuant to Section 20-124.2 support will continue to be paid for any child

over 18 who is a full-time high school student, not self-supporting, and living in home of party

seeking child support until child reaches 19 or graduates from high school, whichever is first,

6. Notice is hereby given that a petition may be filed for the suspension of any

license, certificate, registration or other authorization to engage in a profession, trade, business,

occupation or recreational activity issued by the Commonwealth of Virginia to a parent as

7. The __________________ (Plaintiff or Defendant – choose only one),

_____________________________, (full name of person paying support) has a duty to pay

______________(child and/or spousal) support in the monthly amount of $________________

(how much support will be paid each month) on behalf of ______________________________

(give name(s) of child(ren) and/or spouse support is paid for) to the _____________________

(Plaintiff or Defendant – choose only one), due every month, with the first payment due on

provide at ________ (his/her – choose only one) expense adequate hospitalization and major

spouse to be covered by insurance). Such coverage is currently provided

further

ORDERED that the Clerk shall spread this Order upon the current Deed Book, index it,

Records Exchange.

Prince William Circuit Court

(Type your full name)

(Type your complete address)

FORM. DO NOT retype the language in the parenthesis ( ) when you retype this form. The

are encouraged to consult an attorney. * * *

ALL SOCIAL SECURITY NUMBERS SHOULD BE PLACED IN THIS FORM

FORM. DO NOT retype the language in the parenthesis ( ) when you retype this form. The

are encouraged to consult an attorney. * * *

THIS PSA IS ONLY APPLICABLE TO PARTIES WHO: 1) WAIVE SPOUSAL

SUPPORT; 2) HAVE NO PROPERTY TO BE DIVIDED; 3) HAVE NO CHILDREN. IF

THIS AGREEMENT, made this _____ day of __________ (month), ________ (year),

(Husband/Wife – choose only one), and _______________ (Defendant’s name), herein after

WHEREAS, the parties hereto were duly married in __________ (city), _________

(state) on _____________ (day, month and year of marriage); and

WHEREAS, there are no children born or adopted of the marriage who is under the age

of 18 and none are expected; and

WHEREAS, the parties, in consequence of disputes and irreconcilable differences, have

voluntarily agreed to and did separate from each other on _________________ (date of

NOW, THEREFORE, in consideration of the mutual promises and agreements herein

contained, the parties hereto agree as follows:

1. Real Property: The parties acknowledge that there are no real properties to be

divided between the parties.

the case may be, has not incurred or contracted any debts or obligations for which the other or

any property of the other may be liable, either individually or jointly. Each party agrees that he

or she shall be solely responsible for the payment and performances of all debts and obligations

presently in his or her respective name and he or she hereafter shall not incur any debts or

good health and is self-supporting, and that his or her resources and income are sufficient to

provide for his or her own proper maintenance and support, now and in the future, in accordance

with the standard of living he or she now enjoys. Each of the parties hereby declares that each

does not desire or require any maintenance or support from the other party. Each party hereby

waives any claim which he or she may have against the other for alimony, maintenance or

support, and agrees that their respective duties to support and maintain the other are extinguished

and support shall survive, and not be merged in, any judgment, decree or order of any court.

5. Full Acknowledgement: Each party acknowledges that all of the matters

embodied in this Agreement, including all terms, covenants, conditions, waivers, releases and

so; and that this Agreement is valid and binding upon him or her.

6. Full Disclosure: Each party has made independent inquiry into the complete

financial circumstances of the other, and acknowledges that he or she is fully informed of the

income, assets and financial prospects of the other, and is satisfied that full disclosure has been

made.

(Defendant’s Name)