When asking how to file for divorce in Chesapeake, Virginia, remember that the state sets the rules for divorce but the Chesapeake Circuit Court manages the process locally. This means you must satisfy state residency requirements but follow Chesapeake’s filing steps.

Residency and Separation

One spouse must have lived in Virginia for at least six months before filing. For no-fault divorces, couples must live apart for six months with no minor children, or for one year if they have children.

Prepare Your Petition

The process begins by filing a Complaint for Divorce with the Chesapeake Circuit Court Clerk. Attach your separation agreement if you have one. You’ll also file a Civil Cover Sheet and pay the filing fee.

Serving the Other Spouse

After filing, the other party must be served with the divorce papers. In Chesapeake you can use the sheriff’s office, a private process server, or have the spouse sign an acceptance of service form.

Contested vs. Uncontested

Uncontested divorces in Chesapeake often move more quickly and may not require a hearing if all paperwork is in order. Contested cases involve motions, discovery, and a trial where a judge decides the disputed issues.

Court Scheduling and Decrees

Once the waiting period ends and all requirements are met, you can submit final decrees or attend a short hearing for the judge to sign the divorce order.

Why Consider Legal Advice

Even in a straightforward case, a Chesapeake divorce attorney can ensure you use the correct forms and procedures, saving time and avoiding costly mistakes.

Key Takeaway:
Filing for divorce in Chesapeake Virginia involves satisfying state residency rules, preparing and serving correct paperwork, and following Chesapeake Circuit Court procedures. Careful preparation—or working with an attorney—can speed up the process.