Guide to Uncontested Divorce in Virgin Islands

Uncontested / Simple Divorce in the U.S. Virgin Islands: A Plain-English Guide (6-Week Residency Rule)

Thinking about an uncontested divorce in the U.S. Virgin Islands and hoping to avoid a long, expensive court battle?

If you and your spouse are mostly on the same page about ending the marriage, a simple (uncontested) Action for Divorce in the USVI can be a practical way to move on. It’s often less stressful and more affordable than a fully contested case, especially when you both agree on the terms and just need the court to approve them.

This guide walks you through the basics of an uncontested divorce in the USVI: the well-known 6-week residency requirement, what documents typically start the case (hint: it’s a Complaint for Divorce, not a petition), where you file (St. Thomas/St. John vs. St. Croix), and the key forms DIY filers commonly miss.

Important disclaimer: PlainDivorce is not a law firm, and this article is legal information only, not legal advice. Court rules, forms, and fees can change, and every family situation is different. Always confirm current requirements with the Superior Court of the Virgin Islands (or the clerk’s office in your district) before you file anything.

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Table of Contents

• 1. What is an uncontested or simple divorce in the USVI?
• 2. Who qualifies? The 6-week residency requirement (and the Affidavit of Plaintiff)
• 3. Where do you file? St. Thomas/St. John vs. St. Croix
• 4. Step-by-step overview (Verified Complaint → Filing → Service → Decree)
• 5. Key forms and documents (what DIY filers commonly miss)
• 6. Special issues when you have children
• 7. How long does an uncontested divorce take?
• 8. What does an uncontested divorce cost?
• 9. When DIY may not be right (and where a self-help kit fits)
• 10. Final thoughts and next steps

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1. What Is an Uncontested or Simple Divorce in the U.S. Virgin Islands?

In the U.S. Virgin Islands, divorces are governed by Virgin Islands law (not federal law). A divorce case is filed in the Superior Court of the Virgin Islands.

To start an Action for Divorce, one spouse files a Complaint for Divorce (not a “petition”). In an uncontested case, you and your spouse typically agree in writing (often through a Marital Settlement Agreement (MSA)) or the other spouse cooperates without creating new disputes.

Contested vs. uncontested

• Contested divorce: You disagree about major issues like custody, child support, spousal support, or property and debt division. The court may need hearings, evidence, and possibly a trial.
• Uncontested divorce: You agree on the major issues (or there is nothing major to resolve). You are asking the judge to approve your agreed terms and issue a final order.

An uncontested divorce is still a real court case with formal documents, deadlines, and rules. But when everything is agreed, it usually moves more smoothly and costs much less.

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2. Who Qualifies? The USVI 6-Week Residency Requirement (and the Affidavit of Plaintiff)

The biggest USVI-specific concept is the 6-week residency requirement. People often search for “USVI divorce residency requirements” because the required time can be shorter than many mainland jurisdictions.

In general, you may be able to file in the USVI if at least one spouse has lived in the U.S. Virgin Islands for six continuous weeks immediately before filing (and can prove it). Because jurisdiction depends on residency, dates are not a place to be vague.

How do you prove residency? DIY filers commonly rely on a sworn statement called the Affidavit of Plaintiff to support the residency requirement. You should be prepared to back up the affidavit with real-world proof if needed (for example: lease, utility bills, local ID, travel records, or other documents, depending on what the court expects).

If you moved to the Virgin Islands recently, plan to wait until the six-week period is clearly met. When in doubt, confirm the current residency proof expectations with the clerk’s office before filing.

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3. Where Do You File? St. Thomas/St. John vs. St. Croix

Divorce filings go to the Superior Court of the Virgin Islands. The filing location depends on which judicial district applies to you:

• District of St. Thomas/St. John
• District of St. Croix

If you’re unsure which district is correct, check the court’s official guidance or contact the clerk’s office before you file. Filing in the wrong place can cause delays.

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4. Step-by-Step Overview of the Uncontested Divorce Process

Every case is different, but most uncontested USVI divorces follow a similar flow through the Superior Court.

Step 1 – Confirm you qualify (especially residency)

• Confirm the 6-week residency requirement is satisfied.
• Confirm your case is truly uncontested (full cooperation and no hidden disputes).
• If you have children or shared property, plan to put agreements in writing.

Step 2 – Reach agreement (Marital Settlement Agreement)

If you have assets, debts, or children, you’ll usually want a written Marital Settlement Agreement (MSA) to clearly spell out the terms you want the court to approve:

• Property and debt division
• Spousal support (if any)
• If children: custody, parenting schedule, child support, insurance, and expenses

Step 3 – Prepare the core documents (USVI terminology matters)

For a DIY uncontested divorce, you typically prepare a set of documents that starts the Action for Divorce and supports jurisdiction. Common examples include:

• Verified Complaint for Divorce (initiating document)
• Affidavit of Plaintiff (commonly used to support residency facts)
• Summons and service documents required to notify the other spouse (if required in your situation)

What does “verified” mean? In plain English, a verified complaint is signed under oath (often in front of a notary). Verification is used to put key facts (like residency and grounds) on the record. Always confirm the current verification requirements and notary expectations with the clerk before filing.

Step 4 – File with the Superior Court (do not miss the cover sheet)

You file your Complaint and supporting documents with the Superior Court of the Virgin Islands in the correct district (St. Thomas/St. John or St. Croix).

Hard stop: You generally cannot open a case without the court’s mandatory intake cover sheet. In the Virgin Islands, this is commonly called the Case Information and Litigant Data Form. If it is missing, the clerk may reject or delay the filing.

Step 5 – Serve your spouse (even if cooperative)

Even when your spouse agrees, the court usually requires proper legal service (or another approved method of notice). Your spouse then has a timeframe to respond. In an uncontested case, you want the response (or signed documents) to stay consistent with the agreed terms and not introduce new disputes.

Step 6 – Court review and final order (Decree of Divorce)

After the court is satisfied that (1) residency and jurisdiction are proven, (2) service was done correctly, and (3) the case is truly uncontested (including appropriate arrangements for children, if any), the judge can issue a final order called a Decree of Divorce.

The Decree of Divorce is the document that legally ends the marriage and sets the final terms approved by the court.

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5. Key Forms and Documents (What DIY Filers Commonly Miss)

USVI uncontested cases tend to go smoother when the “core stack” is complete and consistent. Many DIY cases revolve around:

• Verified Complaint for Divorce
• Case Information and Litigant Data Form (mandatory cover sheet to open the case)
• Affidavit of Plaintiff (commonly used to support residency proof)
• Summons and proof of service (or other approved notice paperwork)
• Marital Settlement Agreement (MSA) (if you are resolving property, debts, or parenting terms)
• Proposed Decree of Divorce (often submitted for the judge’s signature, depending on local practice)

Vital Records note: Many courts require a Vital Statistics reporting form so the divorce can be recorded with the territory’s health department. In the USVI, people may hear this described as a Certificate of Dissolution or similar “vital statistics” form. Because names and requirements can change, confirm the current Vital Records form name and timing with the clerk before your final decree is entered.

Tip: Residency proof is usually the most scrutinized issue in a USVI filing. If dates don’t line up, signatures are not properly notarized, or affidavits are vague, the court may delay your case until it’s corrected.

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6. Special Issues When You Have Children

When you have minor children, the court’s main focus is the best interests of the child. Even in an uncontested case, the judge can require changes if custody and support terms are unclear or seem inappropriate.

• Physical custody: where the child lives
• Legal custody: decision-making authority
• Parenting time: a practical schedule (including holidays and vacations)
• Child support: typically based on local guidelines and income information
• Health insurance and expenses: who pays what

If there is a history of domestic violence or serious conflict, consider getting legal advice even if you hope the divorce itself will remain uncontested.

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7. How Long Does an Uncontested Divorce Take in the Virgin Islands?

There’s no guaranteed timeline, but you can think in stages:

• Residency stage: you must meet the 6-week residency requirement before you can file.
• Service and response stage: serving your spouse and allowing time for an answer (often longer if your spouse is off-island).
• Court review stage: the court reviews residency proof, service, and your uncontested terms before issuing a Decree.

In practice, many uncontested cases take a few months from filing to a final Decree, longer if service is difficult, paperwork needs correction, or children and property issues require extra review.

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8. What Does an Uncontested Divorce Cost?

USVI court costs are often lower than many mainland jurisdictions, but you still need to budget for a few categories:

• Court filing fee (confirm the current amount with the clerk’s office in your district)
• Summons and service costs (some cases involve separate fees for summons issuance and for service by an approved server)
• Notary fees (often relevant for verified documents and affidavits)
• Copies and certification (certified copies of the Decree of Divorce)
• Optional legal advice (limited-scope review can be valuable if you have children or property)

If you have limited income, ask the clerk about any available fee waiver or cost postponement process in the Superior Court.

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9. When DIY May Not Be Right (and Where a Self-Help Kit Fits)

A DIY uncontested divorce can work well if your situation is straightforward and cooperative. But consider legal help if there is abuse, hidden assets, complicated finances, serious disputes about children, or immigration and tax issues.

Where a self-help kit can help most is structure and consistency, especially with USVI-specific requirements like the Affidavit of Plaintiff, a complete cover sheet at filing, and clear residency dates.

Download Our Virgin Islands Uncontested Divorce Self-Help Kit

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10. Final Thoughts and Next Steps

If you’re considering a simple divorce in the USVI, the best next steps are:

• Confirm you meet the 6-week residency requirement and can clearly prove it.
• Decide which district is correct: St. Thomas/St. John or St. Croix.
• Get your agreement in writing (often an MSA) if you have property, debts, or children.
• Prepare a complete filing package, including the Case Information and Litigant Data Form.
• Ask the clerk what Vital Records reporting form is required before the Decree of Divorce can be entered.
• If anything feels unsafe or complicated, consider a short consultation with a local attorney.

PlainDivorce is not a law firm and cannot give legal advice, but we aim to make uncontested divorces clearer, more organized, and more manageable for self-represented people. Always verify current rules with the Superior Court of the Virgin Islands before filing.