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Uncontested Divorce Virginia


How to Get an Uncontested Divorce Virginia

What is an Uncontested Divorce Virginia?

An uncontested divorce Virginia is defined differently than in most states. That is because in Virginia, it is defined relative to a simplified divorce, in which both couples agree on every single term of divorce, such as child custody and the division of property. 

An uncontested divorce Virginia is much less wide-reaching that a simplified divorce. It is simply a divorce in which both spouses agree that a divorce is necessary. Only this one issue needs to be “uncontested.”

Who Can Get an Uncontested Divorce Virginia?

Anyone who wants to file for an uncontested divorce Virginia needs to meet the residency requirement, which is being an official resident of the state for the six months prior to divorce filing. This is only necessary for one spouse. An armed forces worker stationed in Virginia qualifies as a resident if they’ve been stationed for the six month duration. 

Uncontested divorce Virginia is a no-fault action, so that a couple who has lived apart for one year may file for divorce without having to cite specific grounds. That time can be shortened to six months if no minor children have or will result from the marriage and a Separation Agreement has been signed by both spouses. 

Criteria for non-fault divorce can be bypassed if fault is ascribed. Those fault grounds include abandonment, desertion, imprisonment for at least one year, cruel treatment and adultery.

How Do I File for an Uncontested Divorce Virginia?

The first step in filing for an uncontested divorce Virginia is always to file a Bill of Complaint for Divorce. In it, the grounds for divorce will be cited and the individuals affected will be named. 

An Answer to the Complaint will have to be signed and filed by the non-Petitioning spouse so that the uncontested divorce Virginia can move already without a complicated service process, the process by which a spouse is formally notified of divorce proceedings.

Once these initial actions are undertaken, preparations can be made for a final hearing. Here, a commissioner or a judge will overhear the spouse petitioning for an uncontested divorce Virginia as they attempt to prove that their side of the divorce case is true. (For instance, they must prove their residency at the hearing.) 

There are several forms that are required at this final hearing as well. They include:

• A copy of the marriage license, or a witness to the actual marriage if not license survives, to prove that a marriage took place;

• A Separation Agreement, possibly made during Mediation or Arbitration procedures with each sides’ legal representation, stipulating each term of the divorce;

• Child Support Guidelines, if necessary, showing the promised child support terms;

• A Vital Statistics Form VS-4, for record-keeping purposes;

• The Final Divorce Decree, which will finalize the uncontested divorce Virginia when it is signed and which includes terms of the divorce such as the division of property.

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