If you and your spouse agree on all key issues—such as property division, custody, child support, and spousal support—you may be eligible for an uncontested divorce in Virginia. This option is faster, less expensive, and less stressful than a contested divorce, making it an attractive choice for many couples.

Requirements for an Uncontested Divorce in Virginia

To file for an uncontested divorce, you must meet the following criteria:
– You and your spouse must have lived “separate and apart” for at least 6 months (if you have no minor children and a written separation agreement) or 12 months (if you have minor children).
– You must reach a full agreement on all divorce-related issues, including property distribution, debts, spousal support, and child custody/support.
– One spouse must file a Complaint for Divorce, and the other must either sign a Waiver of Service or be properly served and not contest the divorce.

The Process Step-by-Step

1. Draft and Sign a Settlement Agreement: A written contract outlining the terms of your divorce.
2. File a Complaint for Divorce: One spouse (the “plaintiff”) files the complaint in the Circuit Court of the city or county where either spouse resides.
3. Affidavit or Deposition: Instead of going to court, you may submit a written affidavit to confirm the facts of your case.
4. Final Order of Divorce: Once the court reviews your documents and confirms everything is in order, a judge will sign your Final Order of Divorce.

Benefits of an Uncontested Divorce

– No court appearance is usually required
– Lower legal fees
– Quicker processing
– Greater privacy and reduced emotional toll

Avoiding Pitfalls

– Ensure your agreement addresses all relevant issues clearly
– Use specific language regarding custody, visitation, and support
– Work with a family law attorney to avoid common legal mistakes

Conclusion

An uncontested divorce in Virginia is ideal for couples who are on the same page. It streamlines the legal process while allowing you to maintain control over your personal and financial future.

If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.