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How Quickly Can I Get an Uncontested Divorce in Virginia?

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How Quickly Can I Get an Uncontested Divorce in Virginia?

May 25 2016
By Faye Carroll

An uncontested divorce in Virginia means that you and your spouse have reached an agreement and do not require a judge to make any decisions about your children, your property or support matters. The time it takes to reach that agreement can be short or long, but when it is completed, you can usually be divorced in a short time period.

The simplest and speediest of uncontested divorces can happen when both spouses have a signed a marital settlement agreement before filing for divorce.  They’ve settled their differences ahead of time, and they can state that they have done so in the Complaint for Divorce.  In these situations you can often be divorced immediately, as soon as you’ve met Virginia’s waiting requirements which start running from the date of separation.  

If you and your spouse do not have minor children and have a settlement agreement, the waiting period is six (6) months from the date of separation.  If you do have kids under eighteen (18), you must wait one (1) year from the date of separation to get divorced. In some cases, you and your spouse can be legally separated and continue to live under the same roof. 

We can start to work on your case as soon as you call our office, and provide all the information we need to get started. We can often get the first documents prepared for you to sign on the first day you call us. The next factor will be how quickly your spouse signs the documents we prepare for their signature, and how quickly you and your witness sign the documents we prepare for your signatures. Our work can be completed quickly, and as fast as possible. If you submit your information online or via telephone in many cases you can sign your Complaint on the date of your first appointment at our office or by mail.

Assuming you meet all the requirements for an uncontested divorce, and your spouse timely signs an Acceptance of the Complaint and a Waiver of Further Service and Notice, in many cases we can file all the final documents within as little as three (3) business days. The specific length of time for the Court to sign your Decree depends on factors which are out of our hands, such as the efficiency of the Court itself.

Please note, if you do not know where your spouse is residing there may be a different time frame.  In that situation you will have to provide notice to your husband or wife by publishing the notice of the divorce in a newspaper.  

 

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