An uncontested divorce is one in which you and your spouse make an agreement (Property Settlement Agreement), that leaves nothing left to be decided by a judge. All issues of child custody/visitation, spousal support, child support and equitable distribution are agreed upon by you and your spouse. After filing for an uncontested divorce, a judge will grant the divorce pursuant to the Property Settlement Agreement. In Virginia, an uncontested divorce can be completed one of two ways: (1) you and your spouse live separate and apart with no cohabitation for 6 months (if you have no minor children from the marriage AND have a PSA; or (2) you and your spouse have lived separate and apart with no cohabitation for more than one (1) year.
If you are eligible to file for an uncontested divorce, the following documents are needed:
– Vital Statistic Form VS-4;
– A copy of the marriage license (or a witness present at the marriage);
– Child Support Guidelines, if there are children;
– The Separation Agreement, which may have already been included with the filing of the complaint;
– Corroborating witnesses; and
– The Final Divorce Decree, which may be a form for spouses with children and without children.
After you gather the above-documents, you simply needs to create a Petition for Divorce and have the matter scheduled to be entered by a judge.
If you have any questions or concerns about an uncontested divorce, do not hesitate to call!