Virginia for


For an uncontested divorce in Virginia you no longer need a court hearing and you no longer need a witness. Instead you can obtain a divorce by simply signing an affidavit attesting to the fact that you have lived in Virginia for at least 6 months and that you have met the period of separation required. For an explanation as to what makes a case uncontested please go to my “Divorce Law” page.

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.

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.

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.

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.

It’s fine. We don’t need their cooperation but you must be separated for a year before you can
file for divorce.

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.

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    Content by McDevitt Law Office. McDevitt Law provides legal advice and representation for residents of Vienna, Virginia, and Northern Virginia (NOVA) and Hampton Roads communities, including Fairfax, Alexandria, Arlington, McLean, Clifton, Manassas, Leesburg, Loudoun, Reston, Herndon, Ashburn, Falls Church, Centreville, Sterling, Tysons Corner, Fair Lakes, Fair Oaks, Oakton, Chantilly, Rosslyn, Virginia Beach, Norfolk, Hampton and Richmond, Virginia, as well as the Washington, MD, metro area.


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