Virginia Divorce Laws: Uncontested Divorce

Under Virginia law, a divorce may be either contested or uncontested. A contested divorce is one in which the parties are not in agreement on the issues of the divorce. A divorce in Virginia will be treated as uncontested only if the parties have resolved all of their issues and certain other requirements are met.

Residency and Separation Requirements

To obtain an uncontested divorce in Virginia, at least one of the parties must have lived in Virginia for at least six months. Additionally, if the parties have children, they must have been separated for at least one year. If there are no children of the marriage, the parties need only be separated for six months in order to obtain an uncontested divorce.

Settlement Agreement

The parties to an uncontested Virginia divorce must sign a Settlement Agreement which sets forth their agreement or resolution as to all issues in the divorce case. If even one issue remains unresolved, the divorce will be treated as a contested matter. A divorce settlement agreement will typically address the following issues:

Child custody;
Child support;
Visitation;
Spousal support;
Property distribution; and
Division of debt.

Service Requirement

The complaint for divorce must be served on the defendant. Service can be accomplished in one of three ways:

The defendant can sign a document called a Waiver of Service which states that he received a copy of the complaint and is waiving his right to be formally served;
The complaint can be formally served on the defendant by the sheriff or by a private process server; or
If the defendant’s whereabouts are unknown, he may be served by publication.

Witness Requirement

In Virginia, the plaintiff must also have a witness who knows about the circumstances surrounding the marriage and the separation. The witness must also know the plaintiff’s spouse and be available to testify.

Virginia is different from many states in that the parties generally are not required to go to court. Rather, the plaintiff, along with his witness, will usually appear at his attorney’s office for a deposition during which his sworn testimony and that of the witness is transcribed by a court reporter. The witness must be able to testify as to all matter alleged in the complaint. Therefore, it is essential that the witness be given an opportunity to review the complaint prior to having his deposition taken.

Finalizing the Divorce

The depositions of the plaintiff and his witness must be filed with the court. The judge will review them along with the Complaint for Divorce and the Settlement Agreement to determine whether all legal and technical requirements for granting the divorce have been satisfied. If they have, they judge will sign a final divorce decree which incorporates the Settlement Agreement.

Getting Legal Help

Although it may be difficult to reach an agreement on all issues before the divorce is filed, it’s really best to do so. This way, you avoid having the judge decide these important issues. An experienced divorce attorney can help a divorcing couple negotiate a resolution to their issues and will draft and file all the required paperwork with the court.

Thinking About Divorce?