Going through a divorce can be overwhelming, especially with all the legal terms youâll hear along the way. This page explains some of the most common terms in plain language so youâll always know whatâs happening in your case.
đ Complaint for Divorce
This is the official document that starts your divorce case. It tells the court you want a divorce and explains what youâre asking for â like custody, support, and division of property. Itâs filed with the court and then served to your spouse.
đŹ Service of Process
After the Complaint is filed, it must be formally delivered to your spouse. This is called Service of Process. It makes sure your spouse knows about the case and has a chance to respond. Usually, a sheriff or process server delivers the papers.
đď¸ Acceptance/Waiver of Service of Process
The Acceptance/Waiver of Service of Process is a form your spouse (the Defendant) can sign to officially acknowledge that theyâve received a copy of the divorce papers â without needing to be formally served by a sheriff or process server.
By signing this form, your spouse agrees to move forward with the case and waives their right to formal service. This can help speed up the process, lower costs, and avoid unnecessary paperwork.
If your spouse doesnât sign this form, we must have them formally served and wait 21 days after service before we can move forward with finalizing the divorce. The 21-day period gives them time to file a response if they choose to do so
âď¸ Plaintiffâs Affidavit
The Plaintiffâs Affidavit is a sworn written statement that serves as evidence in an uncontested divorce case. Instead of having a formal hearing, the court can review this affidavit to confirm key facts â like when you and your spouse separated, whether youâve lived in Virginia long enough to file here, and that the marriage is truly over.
Itâs signed under oath and submitted with your other divorce paperwork. If everything is in order, the judge can finalize your divorce without requiring either spouse to appear in court.
đ Final Decree of Divorce
This is the courtâs final order that officially ends your marriage. It spells out the terms of your divorce â like custody arrangements, child or spousal support, and how property and debts will be divided. Youâll get a certified copy for your records.
đ Property Settlement Agreement (PSA)
A Property Settlement Agreement or Separation Agreement is a written agreement between you and your spouse about how to divide property, custody, support, and other issues. If you reach an agreement, itâs usually filed with the court and becomes part of the final divorce decree.
