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Step 1 -- Grounds for filing (See Statute 20-91)
The parties must be at least be separated without cohabitation for at least one (1) year before filing
Adultery, Sodimy, or Buggery committed outside the marriage
Conviction of a felony and sentence to confinement for more than a one (1) year period
Cruelty, reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other
After the grounds have been decided each party should complete and exchange with the other the Financial Information Sheet and Property Settlement Agreement.
*If there are children involved, the spouses' must complete the following forms;
Child Support Guidelines
Child Support Guidelines Worksheet
Step 2 -- The spouse that has decided to file must complete the following documents;
Complaint
Attach the Addendum for Protecting Identifying Information to the Complaint (Makes the document confidential and not public -- This form may be applied to any document the filing party wants protected)
Cover Sheet
VS-4 Statistical Reporting Form -- In some counties this document must be obtained from the court
Step 3 -- Filing - The following forms must be filed with the clerk's office in the County the spouse is a resident. See List
Complaint
Addendum for Protected Identifying Information
Cover Sheet
Financial Information Sheet
VS-4 -- Statistical Reporting Form
*If Children -- Child Support Guidelines Worksheet
Use the State Calculator to see your filing fee before going to the court clerk's office.
Step 4 -- The spouse that performed the filing must serve the other, also known as the 'Defendant'. He or she must be sent the Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice. Once it is complete it must be given back to the filing spouse, or 'Petitioner', for filing with the clerk.
Step 5 -- The following forms should be completed by the filing party and submitted to the clerk;
Depositions in Support of Divorce from the Bond of Matrimony
Request for Ore Tenus Hearing
Final Decree of Divorce
Separation and Property Settlement Agreement
Self-Addressed stamped envelope used to mail a certified copy of the Final Decree to the filing party once it is entered by the Judge.
*If a maiden name would like to be restored -- Petition for Name Change
Step 6 -- After fourteen (14) days a call should be made to the court clerk to setup a time for the final hearing. If the clerk determines that the filing was not complete, the petitioner will receive a Rejection of Ore Tenus Hearing. Any error(s) that caused the rejection must be cured within fourteen (14) days.
Step 7 -- The Judge will make a determination whether there will be a hearing. If there is, only the petitioner must be in attendance but the defendant should show and must be notified by the petitioner. The hearing usually does not take more than thirty (30) minutes and once complete the Final Decree of Divorce will be issued.