Virginia Uncontested Divorce: A Guide to the Process

Seeking an uncontested divorce in Virginia? This guide clarifies the steps, benefits, and legal aspects involved in a smooth and cost-effective divorce process.

Uncontested Divorce

What is an Uncontested Divorce?

It’s a divorce finalized without a courtroom trial. Both spouses agree on all terms beforehand, minimizing stress, delay, and costs.

Before Filing:

  • Reach agreement: Settle property division, support, and (if applicable) child custody & visitation. Legal advice is crucial to ensure fairness and compliance.
  • Draft a Settlement Agreement: A lawyer can create a written document outlining agreed terms, protecting your interests.

Filing for Divorce:

  • File the Complaint: One spouse initiates the process by filing a legal document in the appropriate court.
    • Separation Timeline: Don’t file before the separation requirements are met. The required separation period depends on your situation:
      • 1 year without children or no settlement agreement.
      • 6 months with no children and a signed settlement agreement.

Fees and Forms:

When filing for an uncontested divorce in Virginia, also be sure to include:

Defendant’s Response:

Submitting Testimony:

  • Depositions/Affidavits: A substitute for in-court testimony establishing facts necessary to obtain an uncontested divorce. See Virginia Code § 20-106
    • Virginia’s rules have been modified in recent years to streamline this step. Legal guidance is recommended.

Final Decree:

The court reviews your submitted documents and finalizes the divorce with a court order outlining agreed terms.


  • Consult a lawyer: Legal guidance ensures the divorce process goes smoothly, your agreement is fair and protects your interests, and every step complies with Virginia laws.
  • Consider pre-divorce negotiation: Saves money compared to litigation, even if costly at times.
  • Settlement is always possible: Explore options even during disputes to avoid the financial and emotional strain of trials.

Contact Us:

For more information or to speak with an experienced Virginia divorce lawyer, contact our firm and schedule a consultation. We guide you through the process efficiently and advocate for your best interests.