We divorced and remarried — can my spouse adopt my child now in Virginia?

Yes, once you are legally remarried, your spouse can ask a Virginia Circuit Court to adopt your child as a stepparent. Virginia's process is built around your current family, but whether your earlier divorce or any orders from it affect your particular case depends on the facts. The Circuit Court clerk in your county or city, or an attorney, can confirm that for you.

Where you file: The petition goes to the Circuit Court. Virginia has 133 counties and cities, so the clerk's office where you live can tell you its local filing details. The adoption law is in Code of Virginia Title 63.2, Chapter 12.

Residency: Va. Code § 63.2-1201 allows a natural person who resides in Virginia to petition. Virginia sets no minimum residency period.

Consents and the other parent: Virginia's process involves these pieces:

• Your spouse's consent as the child's parent.
• Your child's consent if your child is 14 or older, under Va. Code § 63.2-1202.
• The other parent's consent, or a motion to dispense with that consent. Abandonment is addressed in Va. Code § 63.2-1202(H), which uses a 6-month period.

If the other parent is hard to find or unlikely to agree, your situation is fact-specific. Ask the clerk or an attorney about that issue. Virginia allows personal service on a parent, and service by publication if a parent's location is unknown after a diligent search.

Home study: Virginia waives the home study for stepparent adoptions under Va. Code § 63.2-1242, and it allows abbreviated reviews for stepparents. Your clerk can tell you what the court in your county expects.

Typical documents: A Virginia stepparent adoption generally involves:

• A Petition for Adoption.
• Consent forms, or a motion to dispense with consent.
• Your spouse's consent to the adoption.

Virginia also has special provisions for military parents, so mention that to the clerk if it applies to your family.

Timeline and cost: Stepparent adoptions in Virginia typically take 3-6 months. Court filing fees run $150-$300, and the total typical cost is under $1,000 when you handle the paperwork yourself. Attorney representation is typically $3,000-$5,000+.

What your history means: Many families have complicated stories. The questions Virginia's process asks are about your current marriage, the consents, and notice to the other parent. Your clerk can tell you whether your divorce paperwork, such as a custody order, should be included with your filing.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, backed by a 100% court acceptance guarantee. We have helped 1181 Virginia families, and 34,000+ families nationally since 2001.