Virginia for
Uncontested
divorces
When Can I file for Divorce?
There is a waiting period before you can file for divorce. If you have children you must wait a
year before you can file. If you do not have children and you and your spouse sign a marital
separation agreement you can file for divorce 6 months after separation. If you do not have a
separation agreement then you must wait one year from the separation date before you can file.
How Do I know the date of separation?
The clock of separation starts ticking when one spouse has decided that the marriage is over and
there is no hope of reconciliation combined with no longer cohabitating in the same bedroom.
To be clear you can separate in the same house in Virginia. However, if the two of you resume
sexual relations or engage in marriage counseling the clock of separation resets and you must
start the separation clock all over again.
How long does it take to get divorced?
Once all the paperwork is returned to me it usually takes less than 3 weeks for the divorce to
become final. This does depend on the court’s docket and there may be unforeseen factors
outside of my control. That said expect less than 3 weeks from filing.
What do I need my spouse to do?
It would be ideal to have your spouse sign a martial separation agreement, the final order of
divorce and a waiver of service. We need nothing else from them.
What if my spouse won’t sign anything?
It’s fine. We don’t need their cooperation but you must be separated for a year before you can
file for divorce.
What if I don’t know where my spouse lives?
You can still get divorced. We would have to serve them notice of the complaint for divorce by
publishing a notice in a local newspaper and mail him/her a certified copy of the complaint to
their last known address. Having to serve them in this way does delay the divorce a little.