Pleadings

General Information:

Any and all pleadings filed with the court must contain complete information necessary for processing, i.e., names, addresses, social security numbers, etc. Refer to Supreme Court Rules 8:3 and 8:7 through 8:9.

When to File Motions to Amend v. Petitions

Issues Regarding Custody & Visitation

1. Are parties divorced?

   1. If yes and there is specific language in decree regarding custody and/or visitation, file a motion to amend per child per issue.
   2. If yes and the issues were reserved in the decree, file a petition per child per issue.
   3. If no, file a petition per child per issue.

Issues Regarding Support

1. Are parties divorced?

   1. If yes and there is specific language in decree regarding support, file a motion to amend.
   2. If yes and the issues were reserved in the decree, file a petition.
   3. If no, file a petition.
2. If the parent ordered to provide support now has custody, file a motion to amend to abate support and a petition to seek support from non-custodial parent.

Deficient Pleadings Policy

Any pleadings which are deficient shall be promptly returned to the petitioner.

Use of State Forms

The use of state forms is highly recommended for efficiency and accuracy. Many are available to download at www.courts.state.va.us