An uncontested divorce in Virginia is a low-cost way to obtain a divorce and, depending on the circumstances, may only take a few months. Do you qualify for an uncontested divorce? What is the process for obtaining an uncontested divorce in Virginia?
Are All Your Issues Resolved?
To file for an uncontested divorce in Virginia, you and your spouse must have agreed on several key issues, including:
- The division of all property, assets, and debts
- Child custody and visitation
- Child support
- Spousal support
Meet Virginia’s Residency and Waiting Periods
For a Virginia court to hear a divorce case, one or both spouses must have lived in Virginia for at least six months. In most cases, you and your spouse must live apart from one another for at least one year to get a divorce. But under some circumstances, if you have no minor children and you enter into a valid separation agreement, you will only have to live apart for six months.
Complete Your Virginia Divorce Papers
Even with uncontested divorce cases, legal paperwork and a settlement agreement need to be completed.
That’s where the attorneys at DiPietro Law Group can help. At DiPietro Law Group, an award-winning Virginia family law attorney will walk you through the required documents in an understandable way so you can complete the paperwork correctly. We guide you through the process by asking you basic questions about yourself, your family, and how you plan to divorce. At each step of the way, Dipietro Law Group offers helpful videos and guides to answer all your questions. In the end, you will have all the documents required to complete your divorce in Virginia and file it with the court.
The Uncontested Divorce Process in Virginia
Once you’ve completed the legal paperwork and you and your spouse have been separated for the required amount of time in Virginia, you can complete the process by following these necessary steps:
- File the Complaint for Divorce with the Proper Virginia court. Every county may have its own requirements, so check with the court in your county. There is a fee for filing the divorce complaint.
- Have the Complaint Served. Because the filed Complaint is a court document, it must be served properly before your case can move forward. To speed up the process, you can have your spouse sign an Acceptance of Service/Waiver Notice form. Otherwise, you will have to have your spouse served with all the court paperwork relating to your divorce.
- Prepare a Final Order of Divorce. If you and your spouse both sign this document, it eliminates any questions about whether your spouse had proper notice. If you have complied with all notice provisions required by Virginia law, the court may enter the Final Order without your spouse’s signature.
- Give Your Evidence to the Court. When the Virginia court has approved your Final Order, you will have to give the court the necessary evidence so they will grant your divorce. You and a witness, who is not your spouse, will have to testify about your Virginia residency, the date you got married, how long you have been separated, and the names of any children. This is either done in person, by deposition, or by affidavit.
- Get Certified Order of Divorce. Once you receive your Certified Order of Divorce, keep it in a safe place. Remember, a divorce order can be appealed, so if you are planning to get remarried, you must wait 30 days from the final order date.
Get Started on Your Uncontested Divorce in Virginia
If you believe an uncontested divorce is right for you, visit DiPietro Law Group to schedule a consultation.