Virginia | Divorce.Pro

Uncontested Divorce in Virginia

To be eligible for an uncontested divorce in Virginia, both parties must meet legal criteria and agree on all divorce terms.

Residency:
At least one spouse must have lived in Virginia for a minimum of 6 months before filing.
Grounds for Divorce
- Most uncontested divorces in Virginia are filed on no-fault grounds:
  - If no children: spouses must have lived separately for at least 6 months and have a signed separation agreement.
  - If minor children are involved: spouses must live separately for at least 1 year before filing
Mutual Agreement:

Spouses must agree on all terms of the divorce, including:
- Division of property and debts
- Spousal support (alimony), if applicable
- Child custody, visitation, and child support (if applicable)

Forms may vary by circuit court, but typically include:

2.File with the Circuit Court

File the divorce papers with the Circuit Court Clerk in the county where either spouse resides.
Filing Fee: Typically $90–$150, plus service fees

3. Serve Your Spouse or Obtain Waiver

4. Submit Settlement and Wait

5.Attend the Final Hearing

Attend a court hearing, or
Submit an Affidavit or Deposition to finalize the divorce without appearing in person (if allowed by the court)

Filing Fee: $90–$150 (varies by county)
Attorney Flat Fee: $500–$1,200 (optional)
Online Divorce Services: $150–$300
Fee Waiver: Available if you meet income requirements (file a Petition for Proceeding in Forma Pauperis)

With Children:
- You must file a Parenting Plan and Child Support Worksheet
- May need to complete a Parenting Education Class (required in some jurisdictions)
- Custody decisions must reflect the best interest of the child
Property Division:
- Virginia follows equitable distribution, dividing marital property fairly but not necessarily equally
Spousal Support:
- Can be agreed upon or waived in the settlement
Legal Review Recommended:
- Especially important for complex cases involving real estate, retirement plans, or custody