Uncontested Divorce in Virginia: A Faster, Simpler Path to Separation

An uncontested divorce happens when both spouses agree on all the terms of their separation — property division, child custody, support, and any other issues. Because there is no dispute for the judge to decide, the process is more straightforward than a contested divorce.

Residency and Separation Requirements

To file for an uncontested divorce in Virginia, at least one spouse must have been a resident of the state for six months before filing.

• If there are no minor children, you must be separated for at least six months and have a signed separation agreement.

• If there are minor children, you must live apart for one year before filing.

Preparing the Paperwork

The process starts with filing a Complaint for Divorce in the circuit court of the county or city where you or your spouse lives. You’ll attach a Civil Cover Sheet, your signed separation agreement, and any required affidavits. A filing fee is paid to the clerk at the time of submission.

Serving the Other Spouse

Even if everything is agreed, Virginia still requires that the other spouse be formally served with the papers — usually by sheriff, private process server, or by signing an acceptance of service form.

Finalizing Without a Hearing

In many Virginia courts, including Fairfax, Henrico, and Loudoun counties, an uncontested divorce can often be completed by submitting affidavits and a proposed Final Decree of Divorce rather than attending a hearing. This saves time and helps avoid unnecessary court appearances.

Benefits of an Uncontested Divorce

• Faster timeline: Fewer court dates mean the divorce can be finalized sooner.

• Lower cost: Less attorney time and fewer filings reduce expenses.

• Less stress: Agreements between spouses make the process more predictable.

• Privacy: With less litigation, personal matters stay more confidential.

When to Consider Legal Advice

Even in an uncontested divorce, it’s wise to have a lawyer review your separation agreement to ensure it’s legally valid and protects your rights, especially when property, retirement accounts, or child custody are involved.

Key Takeaway

An uncontested divorce in Virginia is a practical, cost-effective way to end a marriage when both spouses agree on all terms. By meeting residency and separation requirements, filing the right paperwork, and following court procedures, you can achieve a smoother and quicker divorce.