VIRGINIA Uncontested Divorce GUIDE
How do I get an Uncontested Divorce in Virginia?
You can get an uncontested divorce in Virginia if you and your spouse agree on everything. If you have children together, you agree on custody, visitaiton, and child support. You've worked out how to divide your property, and decided if either of you gets spousal support. When you agree on everything, you aren't "contesting" (or fighting) with your spouse. At that point, you qualify for an uncontested divorce in Virginia.
Uncontested divorces are often confused with "no-fault" divorces. They sound alike, but they mean two different things. A "no-fault" divorce deals with the reason a spouse files for divorce in Virginia. Every divorce case needs a reason, or grounds, for divorce. The no-fault ground for divorce is living separately for a set period of time. You can separate from your spouse and still be fighting over custody, or support, or property. Almost every uncontested divorce is granted on the no-fault grounds because it is simple to prove.
How do I prove I’m separated?
Proving you are separated for divorce purposes means proving you live “separate and apart” from your spouse. Living separate and apart requires two things: physical separation, and the intent for that separation to be permanent.
Physical Separation. The easiest way to physically separate is for one spouse to move out. That is not always the best option, but it is the easiest way to prove separation. It is possible to physically separate while living under the same roof. You have to do more than start sleeping on the couch to prove in-home separation. Establishing separate bedrooms, separate doors to come and go, and locks to secure your separate living space all show physical separation. Stop sharing bank accounts, chores, and even meals. Treat your spouse like a roommate and you’ll be well on your way to proving an in-home separation.
Intent to Permanently Separate. You have to have it in your head, and in your heart, to permanently end your marriage. It’s not enough to move out to “find yourself” or “clear your head.” The clock doesn’t start running until you decide it’s over, once and for all. You will need to prove this to the court as well. It’s easy to say you intend to permanently separate, but you have to prove it to the court as well. Tell your friends and family you are separating. Show them your new living arrangements. All of this will help you prove your separation to the court.
How long do I have to be separated to get an uncontested divorce?
Virginia requires you to live separate and apart, continuously, for one year. If you get back together for even a brief time, your separation ends. Even if you don’t get back together, if you start doing things as a couple you may break your separation. There’s a fine line between “separated” and “unhappily married,” especially if you are living under the same roof.
If you and your spouse do not have any minor children together, and you both sign a written separation agreement, Virginia allows you to file for divorce after only six months of separation. If you have minor children, you have to wait a year before filing. If you don’t have a written agreement, you have to wait a year before filing.
Do I need a written separation agreement to get an uncontested divorce?
A written separation agreement is not required for an uncontested divorce. If you don’t have minor children with your spouse, a written separation agreement can speed up the divorce. a written separation agreement has several other benefits in an uncontested divorce. It will make it difficult for your spouse to change their mind on many of the issues in your divorce. It will keep your spouse from asking the court to do something different from what you agreed to do. It will clearly show the court the date you and your spouse began living separate and apart. It can also set you up to resolve future disputes outside of court.
Please make sure you review any written agreement with an attorney before you sign. It is extremely hard to get out of a contract once it is signed. Even if you already signed an agreement, sitting down with an attorney to go over it with you is a good idea.
Do both parties have to sign divorce papers in Virginia?
In almost every uncontested divorce case, both sides sign at least one document. What that document is varies from case to case. There is a specific set of steps you can try to take where your spouse doesn’t have to sign for an uncontested divorce. It is best to talk that path over with an attorney.
Do I need an attorney to get an uncontested divorce?
You don’t need an attorney to get an uncontested divorce. You also don’t need a contractor to remodel your kitchen. And you don’t need a mechanic to repair your car. The court will hold you to the same standard as a licensed attorney, and the court can’t give anyone legal advice.
You can take the time to figure out every step in the process yourself. Or, you can hire a professional to get you through the process as quickly and painlessly as possible.
Choose Fredericksburg Attorney Ben Carafiol for your uncontested divorce
The Law Office of Benjamin H. Carafiol, PLC, has spent over a decade handling uncontested divorces for clients in Fredericksburg, Stafford, Spotsylvania, Prince William, King George, Caroline, Orange, and throughout Northern Virginia. If you and your spouse agree to an uncontested divorce, we can handle your case for as little as $600 plus court costs.
We offer free fifteen-minute consultations for uncontested divorce cases. Get started by completing our secure intake form. Then see our availability in real-time and schedule your free consult today.