An uncontested divorce in Virginia represents one of the most straightforward paths to ending a marriage. When both spouses agree on all major issues, the process becomes simpler, faster, and less expensive than a contested case. You can move forward with clarity and dignity.
This guide walks you through every step, from meeting basic requirements to receiving your final decree. You will learn what documents to prepare, how to file with the court, and what to expect along the way. Virginia law provides a clear framework. Understanding it empowers you to make informed decisions.
Requirements for an Uncontested Divorce in Virginia
Virginia law sets specific requirements before you can file for an uncontested divorce. These prerequisites ensure the state has jurisdiction and that you meet the legal grounds.
Residency requirement: At least one spouse must have lived in Virginia for at least six months before filing. This establishes the court's authority to grant your divorce.
Separation period: You must have lived separate and apart from your spouse continuously for a minimum period. If you have minor children together, the separation period is twelve months. If you have no minor children and a signed Property Settlement Agreement (PSA), the separation period is six months. During this time, you cannot have sexual relations or cohabitate as a married couple.
Agreement on all issues: Both parties must agree on every major issue. This includes division of property and debts, spousal support, child custody, child support, and visitation. If you disagree on even one issue, your case becomes contested.
Virginia Code § 20-121.02 outlines the legal framework for no-fault divorce based on separation. Meeting these requirements sets the foundation for a smooth process.
Step 1: Drafting a Property Settlement Agreement
The Property Settlement Agreement (PSA) serves as the roadmap for your divorce. This legally binding document outlines how you and your spouse will divide assets, allocate debts, and handle support arrangements. It is the most critical document in an uncontested divorce.
Your PSA should address all marital property. This includes real estate, vehicles, bank accounts, retirement accounts, investments, and personal property. List each asset and specify who receives it. Address all marital debts, including mortgages, car loans, credit cards, and other obligations. Specify who will pay each debt.
If you have minor children, the PSA must include a parenting plan. Define custody arrangements, visitation schedules, decision-making authority, and child support obligations. If spousal support is relevant, outline the amount, duration, and payment method.
Both spouses must sign the PSA in the presence of a notary public. The notarization confirms your identities and voluntary agreement. A well-drafted PSA prevents future disputes and expedites court approval.
Many couples work with an attorney to draft the PSA. This ensures all legal requirements are met and protects both parties' interests. The investment in professional guidance often prevents costly mistakes.
ALT: Uncontested divorce in Virginia paperwork organized on a modern office table in Fredericksburg, Virginia
Step 2: Filing the Complaint in Circuit Court
Once you have a signed Property Settlement Agreement, you can file your divorce complaint. You will file in the Circuit Court of the county or city where you last lived together as a married couple, or where your spouse currently resides.
Prepare the following documents for filing:
Complaint for Divorce: This formal petition states the grounds for your divorce and provides information about your marriage, separation, and any children. It requests that the court grant the divorce and approve your settlement agreement.
Property Settlement Agreement: Attach the signed and notarized PSA to your complaint.
VS-4 form: Virginia requires this vital statistics form for divorce records. It collects demographic information.
Final Decree of Divorce (draft): Prepare a proposed final decree for the judge to review and sign.
Submit the original plus two copies of all documents. Pay the filing fee, which typically ranges from $84 to $144 depending on the jurisdiction. The clerk will assign a case number and file stamp your documents.
You can file in person at the courthouse or, in some jurisdictions, electronically through the court's online filing system. Check with your local Circuit Court clerk's office for specific procedures.
Step 3: Service of Process or Waiver of Notice
After filing, you must notify your spouse of the divorce action. In an uncontested divorce, this step is typically handled through a waiver rather than formal service.
Waiver of Notice and Acceptance of Service: Your spouse can sign this document, which acknowledges receipt of the divorce papers and waives formal service. The waiver must be signed in the presence of a notary public. You can file this waiver with your initial complaint, or your spouse can file it separately within a reasonable time after you file.
If you use the waiver method, provide your spouse with complete copies of all filed documents. This ensures transparency and maintains the uncontested nature of the case.
If your spouse refuses to sign a waiver, you may need to arrange formal service through the sheriff's office or a private process server. However, this situation is rare in truly uncontested cases.
Step 4: Submitting Affidavits and Evidence
Virginia courts require corroborating evidence to grant an uncontested divorce. Even when both parties agree, you must prove the grounds for divorce to the court's satisfaction.
Affidavits: Prepare a sworn statement (affidavit) confirming the facts of your case. You may need an affidavit from a corroborating witness, someone who has personal knowledge of your separation. This witness must not be a party to the divorce and should be able to confirm that you and your spouse have lived separate and apart for the required period.
Supporting documents: Gather proof of residency, such as a driver's license, lease agreement, or utility bills. If you have minor children, provide birth certificates. Include your marriage certificate.
Financial documentation: If your PSA includes spousal support or child support provisions, you may need to submit income verification and financial statements.
Some jurisdictions allow you to submit these documents without a court hearing. The judge reviews your paperwork, affidavits, and proposed decree in chambers. Other jurisdictions require a brief final hearing, even for uncontested cases. Check your local court's procedures.
The court reviews your agreement to ensure it is fair and complies with Virginia law. If the judge finds any issues, you may receive requests for clarification or correction. Respond promptly to keep your case moving forward.
Step 5: Obtaining the Final Decree of Divorce
Once the court approves your case, the judge signs the Final Decree of Divorce. This document officially dissolves your marriage and incorporates the terms of your Property Settlement Agreement.
The decree specifies the effective date of your divorce. It confirms the division of property, debt allocation, custody arrangements, support obligations, and any other provisions in your PSA. Once signed, the decree is legally binding on both parties.
The clerk's office will mail certified copies of the final decree to both spouses. Keep this document in a safe place. You will need certified copies for various purposes, such as changing your name, updating beneficiary designations, or refinancing property.
The court also sends the VS-4 form to the Virginia Department of Health's Division of Vital Records in Richmond. This creates the official divorce record for vital statistics purposes.
In most uncontested cases, you will not need to appear in court for the final decree. The judge reviews and signs the decree based on your submitted paperwork. The entire process, from filing to final decree, typically takes three to six months, depending on the court's docket and how quickly you complete each step.
Understanding Virginia Code § 20-121.02
Virginia Code § 20-121.02 provides the statutory basis for no-fault divorce in the Commonwealth. This section allows spouses to divorce based on living separate and apart for the required period, without proving fault grounds such as adultery, cruelty, or desertion.
The statute requires that spouses live "separate and apart without any cohabitation and without interruption" for the applicable period. This means maintaining separate residences and refraining from marital relations. Brief encounters or interactions do not automatically invalidate the separation, but resuming cohabitation or sexual relations restarts the clock.
When you have no minor children and a signed Property Settlement Agreement, the separation period is six months. When you have minor children together, the separation period is twelve months, regardless of whether you have a PSA.
This statutory framework reflects Virginia's recognition that some marriages end without fault. The law provides a dignified path forward when both spouses agree the marriage has irretrievably broken down. Understanding this code section helps you navigate the process with confidence.
Frequently Asked Questions
Do I need a lawyer for an uncontested divorce?
You are not legally required to hire an attorney for an uncontested divorce in Virginia. However, legal representation offers significant benefits. An attorney ensures your Property Settlement Agreement protects your interests, meets all legal requirements, and addresses potential future issues. Many people find that professional guidance provides peace of mind and prevents costly mistakes. The choice depends on the complexity of your situation and your comfort level with legal procedures.
Can an uncontested divorce be completed online?
Virginia does not offer a fully online divorce process, but you can use online resources to prepare documents. Virginia Legal Aid provides a do-it-yourself divorce packet and interactive tools for creating forms. However, you must still file documents with the Circuit Court, either in person or through the court's electronic filing system if available. Online document preparation services can help, but they do not replace legal advice. The filing itself requires interaction with the court system.
What if my spouse will not sign the Property Settlement Agreement?
If your spouse refuses to sign the PSA, your divorce is no longer uncontested. You may need to pursue a contested divorce, which involves discovery, negotiations, and potentially a trial. Alternatively, you and your spouse can continue negotiating to reach an agreement. Mediation can help resolve disagreements. Sometimes spouses need time to process emotions or concerns. Patient communication and professional guidance can often bring reluctant spouses to the table. If agreement proves impossible, contested litigation becomes necessary.
Moving Forward with Clarity and Confidence
An uncontested divorce in Virginia offers a streamlined path when both spouses agree. The process still requires care, patience, and a steady hand, but it can also be a turning point, a chance to close one chapter with respect and step into the next with purpose.
Additionally, the separation period can give you space to make grounded decisions about your future. The Property Settlement Agreement creates a clear plan for what comes next, so you are not left guessing about finances, parenting schedules, or support. The court process, while formal, provides legal closure so you can move forward with stability.
At Shawna L. Stevens PLLC, we guide clients through uncontested divorce with compassionate authority built on more than 20 years of focused family law experience. We help you create a complete agreement, prepare the paperwork the court expects, and move the process forward without unnecessary conflict. Most importantly, we keep you informed, supported, and empowered at each step.
Your future deserves clarity. Call Shawna L. Stevens PLLC at 540-310-4088 to talk about your goals and the next right step for your uncontested divorce.