Written by attorney Genene Elizabeth Gardner

Timeline for Filing an Uncontested Divorce in Virginia

An uncontested divorce, unfortunately, does not mean a speedy divorce in Virginia. The Commonwealth of Virginia has a one year mandatory waiting period before an uncontested divorce can be filed.

However, if the couple does not have any children from the marriage and they have a properly drafted and executed "Separation Agreement" then they can file after six months.

The process of divorce once filed varies from jurisdiction to jurisdiction. Some city/counties require hearings while others do not. Consult your attorney for the applicable requirements in your location.

Couples with minor children, unfortunately, must wait the one-year period regardless having a properly drafted and executed separation agreement.

There are additional advantages to having a separation agreement in an uncontested divorce. Consult your attorney for how these advantages may benefit you.

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