Divorce always involves spouses separating their lives, but not all divorces require conflict. An uncontested divorce is a type of divorce in which both spouses agree on all the major terms, like how to divide property, custody arrangements, and whether either party will pay the other spousal support (alimony). In Virginia, this process offers a faster, less expensive, and less stressful option for ending a marriage than a contested divorce.
At Tavss Fletcher, we understand how overwhelming divorce can feel, even when both spouses agree to end the marriage. Our firm has more than 30 years of experience helping individuals and families across Virginia and North Carolina resolve legal matters with professionalism, clarity, and compassion. We are proud to offer skilled, responsive legal representation in all types of family law cases, including uncontested divorces.
What Is an Uncontested Divorce in Virginia?
Before you can get divorced in Virginia, you must meet the state’s legal requirements, beginning with residency requirements. To get divorced in Virginia, at least one spouse must have lived in the state for at least six months. You must also complete a six-month or one-year waiting period.
Fault-Based and No-Fault Divorce Grounds
If you satisfy the residency requirement, you can begin the filing process. First, you need to identify the reason you are divorcing—the “grounds” for ending your marriage. While some states only offer no-fault divorce, Virginia recognizes both fault-based and no-fault grounds.
In a fault-based divorce, one spouse blames the other for the marriage ending. A no-fault divorce does not require wrongdoing and typically involves mutual agreement.
Contested vs. Uncontested Divorce
After you determine whether to file for no-fault divorce, you need to address specific legal issues before the court will grant your divorce:
- Child custody,
- Child support,
- Division of property, and
- Spousal support.
When a divorce is uncontested, the spouses agree on how to handle these issues. Rather than asking a judge in a courtroom to resolve the issues, the spouses decide for themselves, usually with help from a divorce lawyer and, increasingly, a mediator.
Procedural Steps and Timing
Virginia law sets waiting periods, the time the couple must live apart, before a final divorce order is issued.
The length of the waiting period depends on whether the couple has minor children and whether they have a signed separation agreement. If they have minor children, they must live apart for at least one year before a court will grant a divorce. Without minor children, the waiting period is six months.
Creating a Separation Agreement
A separation agreement, a proposal of divorce terms that the couple creates together, is one of the most important documents in an uncontested divorce. It allows both spouses to resolve key legal issues in writing, helping to avoid conflict and streamline the court process. In Virginia, both spouses must sign the agreement, which must address all essential divorce terms.
The agreement typically includes:
- Property and debt division—how the couple will divide real estate, personal property, bank accounts, retirement funds, and outstanding debts;
- Child custody and visitation—legal and physical custody arrangements, parenting schedules, and decision-making responsibilities for any minor children;
- Child and spousal support—how much financial support will a spouse pay, who will pay, and for how long.
Because the court will rely on this agreement when finalizing the divorce, it must be thorough, fair, and in line with Virginia law. That means child support must align with the amounts in Virginia’s child support guidelines, and the child’s best interests should guide your child custody arrangement.
Negotiation and Mediation
Many couples use negotiation or mediation to reach a mutual separation agreement. Negotiation allows spouses, typically through their attorneys, to propose and revise terms until they reach consensus.
Mediation involves the couple working collaboratively with a neutral third-party mediator who helps guide conversation and facilitate compromise. Both methods offer a private, less adversarial alternative to litigation and are especially helpful for preserving communication when children are involved.
Benefits of Uncontested Divorce in Virginia
Uncontested divorce in Virginia offers several advantages for couples who can work together to reach an agreement, such as:
- Lower cost. Uncontested divorces often require fewer court appearances and less attorney time, which significantly reduces legal fees.
- Faster resolution. Without the delays of litigation, uncontested divorces can often be finalized within 8 to 12 weeks once the required separation period has passed.
- Greater privacy. With fewer filings and no public court battles, more of your personal information remains confidential.
Because the uncontested process is streamlined and collaborative, many couples find it helps ease the emotional burden of divorce while allowing each partner to keep more of what matters to them in their life.
How Long Does an Uncontested Divorce Take in Virginia?
To get an uncontested divorce in Virginia takes time, particularly for the spouses to:
- Meet residency requirements. At least one spouse must have lived in Virginia for six months.
- Meet separation requirements. The couple must have lived apart for at least six months with no minor children and a signed agreement or one year with children.
- Come to an agreement. The spouses must agree on all issues, including custody, visitation, child support, spousal support, and division of property and debts.
- Written documentation. The parties must have a signed, written separation agreement.
You can physically separate and start the separation clock before you begin the legal divorce process. Yet, if you have minor children, your agreement with respect to them must be in their best interests, too. If you separate before filing, you must get a court order establishing rules for child custody and support as early as possible.
Cost of Uncontested Divorce in Virginia
The cost of an uncontested divorce in Virginia is generally less than that of a contested case. Typical expenses include:
- Court filing fees,
- Attorney’s fees, and
- Mediator fees.
Generally, the more work your divorce requires, the more it will cost. Going to court brings significant additional costs.
Work With a Family Law Firm You Can Trust
Even though uncontested divorces are more straightforward than contested cases, hiring a divorce attorney still proves invaluable in most cases. If you are considering divorce in Virginia, we invite you to speak with one of our experienced family law attorneys at Tavss Fletcher. For over 30 years, we have served clients across southeastern Virginia and northeastern North Carolina. Contact Tavss Fletcher today to schedule a consultation.