When couples decide to part ways without disputing key issues, Virginia uncontested divorce laws offer a clear, streamlined path to legally ending a marriage. An uncontested divorce is often faster, less expensive, and much simpler than a traditional contested divorce because both spouses agree on all major issues before filing. In this blog, we break down what these laws require and how the process works.

What Is an Uncontested Divorce in Virginia?

Under Virginia uncontested divorce laws, a divorce is considered “uncontested” when both spouses agree on all the important terms of ending their marriage. This includes property division, debt allocation, spousal support, child custody, child support, and visitation if applicable. There’s no courtroom battle—both parties want the same outcome, so the court’s role becomes largely administrative.

This agreement is important. If any issue remains unresolved (for example, asset division or custody disputes), the divorce would likely be classified as “contested,” which is more complex and often requires hearings or trials.

Key Requirements Under Virginia Uncontested Divorce Laws

Here are the main legal requirements you must satisfy to file for an uncontested divorce in Virginia:

1. Residency Requirement

At least one spouse must have lived in Virginia for at least six months immediately before filing for divorce. This residency requirement is standard under state divorce law.

2. Legal Grounds: Separation Period

Virginia does not allow you to simply state “irreconcilable differences” like some other states do. Instead, you must meet separation requirements before filing:

• Six months of living separate and apart if there are no minor children and you have a written separation agreement.

• One year of separation if there are minor children in common or no written agreement exists.

“Living separate and apart” means that the spouses are physically apart with the intention of ending the marriage, without cohabitating.

3. Agreement on All Issues

Before filing, both spouses must agree in writing on all divorce-related topics. This typically includes:

• Division of marital property and debts

• Spousal support (if any)

• Child custody and visitation arrangements

• Child support obligations

These agreements are usually documented in a separation agreement or marital settlement agreement that must be signed and notarized.

Filing the Uncontested Divorce

Once the above requirements are satisfied:

1. Draft the required documents, including a Complaint for Divorce and your signed separation agreement.

2. File these forms with the Circuit Court in the city or county where either spouse resides or where the couple last lived together.

3. Your spouse typically signs a waiver of service, acknowledging they received the divorce complaint and agree to it.

You’ll also pay a filing fee, often around $80–$90, though fees can vary by location.

Do You Need to Attend Court?

In most cases under Virginia uncontested divorce laws, you will not have to appear in court. Judges can review the paperwork and sign off on the divorce decree without an in-person hearing as long as everything is properly completed and agreed upon.

If additional information is required, or if a judge needs clarification, the court might schedule a brief hearing, but it’s not typical in uncontested cases.

Timeline

The timeline for an uncontested divorce in Virginia is tied closely to the separation period:

• After meeting the separation requirement (six months or one year), the divorce process after filing may take just a few weeks to a couple of months, depending on court processing times.

• Overall, uncontested divorces are significantly faster than contested ones, which can take many months or even years.

Conclusion

Navigating Virginia divorce laws doesn’t have to be overwhelming—especially when both spouses are on the same page. Virginia uncontested divorce laws provide a practical route to end a marriage amicably and with fewer hurdles. By meeting residency and separation requirements, crafting clear agreements, and filing the right paperwork, many couples find that an uncontested divorce is a smoother, more efficient way to move forward.