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How Can I Start My Uncontested Divorce in Virginia?

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How Can I Start My Uncontested Divorce in Virginia?

October 22 2018
By Faye Carroll

The first step to obtaining an uncontested, no fault divorce is reaching an agreement with your spouse regarding all the issues involved in your marriage; this is typically called a Property Settlement Agreement or Marital Settlement Agreement.  These issues can include custody of minor children; child support, parenting time for each parent, allocation of all marital debt, and distribution of all marital property or assets.  

The next step for an uncontested divorce requires that for more than one year one of the parties intended to and has continuously lived separate and apart from the other without any cohabitation. If the parties have entered into a Settlement Agreement and there are no minor children, the time period is reduced from one year to six months.  

The final steps involve filing a Complaint for Divorce, and serving it on your spouse. He or she can then Accept Service and waive any further notice of the proceedings. Two Affidavits must then be signed and notarized; one by you, and one by a Witness (friend or family member) who can affirm that they know you, have visited you in your home and that you and your spouse have lived separate and apart for the requisite time period.  The divorce is then finalized by filing the Final Order of Divorce which is signed by a Judge.

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