Divorce

What is an uncontested, no-fault divorce?

An uncontested, no-fault divorce is a divorce between two parties that completely agree on every aspect of the divorce including spousal support, child support, child custody and property division (equitable distribution).

What is a separation agreement?

A separation agreement is a written, signed and notarized agreement between husband and wife that records the agreements they have made regarding the dissolution of their marriage. A separation agreement is not a “legal separation”. In Virginia, a separation occurs when one spouse decides to end the marriage and one spouse leaves the marital residence for the purposes of ending the marriage. No other documentation is required to have a “legal separation”, however, a separation agreement will better protect your interest.

What are the grounds for divorce in Virginia?

Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to “merge” the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated.

How long does it take to get an uncontested divorce?

An uncontested divorce is a divorce in which both spouses have agreed to all terms of the divorce. If you and your spouse are fighting over even one issue in a divorce, your divorce is not uncontested.

How long do I have to be separated before my divorce?

If a divorce is granted on the grounds of adultery, there is no waiting period of separation required under Virginia law. All other grounds for divorce, including an uncontested, no-fault divorce, require a separation period of one year before a divorce can be granted unless there are no children and a written legal separation agreement has been signed by both parties. If there are no children and a written separation agreement has been filed, a divorce can be filed after a six month separation period.