uncontested divorce is a straightforward and less stressful way to dissolve a marriage in Virginia. If both spouses agree on all key issues — such as property division, child custody, and spousal support — an uncontested divorce may be the best option. It is often quicker, less expensive, and more amicable than a contested divorce. Here’s a simple guide on how to file for uncontested divorce in Virginia to help you navigate the process.
1. Meet the Residency Requirements
To file for divorce in Virginia, at least one spouse must be a resident of the state for six months or longer. This is a crucial step before filing, as it establishes Virginia’s jurisdiction over the divorce case.
2. Fulfill the Separation Requirement
Virginia requires a separation period before you can file for a no-fault divorce:
- One year: If you have minor children or have not reached a written agreement on property division.
- Six months: If you do not have minor children and have a signed property settlement agreement in place.
During the separation period, the spouses must live in separate households with no cohabitation.
3. Prepare the Necessary Documents
Once the separation period has passed, you can begin the filing process. The primary documents include:
- Complaint for Divorce: The official document that starts the divorce process.
- Separation Agreement: A written document outlining the division of assets, child custody, support arrangements, and any spousal support. If both parties agree on these terms, the divorce can proceed uncontested.
- Financial Disclosure Forms: A complete list of each party’s assets, debts, and income.
These documents must be filed with the appropriate Virginia Circuit Court.
4. File the Divorce Papers
After preparing the necessary paperwork, file it with the court in the county or city where you or your spouse reside. There will be a filing fee, which varies depending on the jurisdiction. The court will then assign a case number and schedule a hearing.
5. Serve the Divorce Papers
The non-filing spouse must be served with the divorce papers, but in an uncontested divorce, the spouse may waive service by signing an acknowledgment of receipt. This speeds up the process and avoids the need for formal service.
6. Finalize the Divorce
In many cases, if all paperwork is in order and both parties agree, a final hearing will be scheduled, typically 30 to 90 days after filing. At this hearing, the judge will review the settlement agreement, and if everything is in order, the judge will grant the divorce.
Conclusion
How to file for uncontested divorce in Virginia can be a smooth and relatively quick process if both spouses agree on key issues. By following the necessary steps and preparing the required documents, you can achieve a fair and efficient resolution without prolonged court battles. If you are unsure about any part of the process, consulting an experienced Virginia divorce lawyer can help ensure everything is handled correctly.
