Uncontested Divorce Checklist in Virginia

What makes a Virginia divorce uncontested

A case counts as uncontested when both spouses agree to end the marriage on the no-fault separation ground. They also need a written settlement agreement covering property and debt. If there are children, the agreement must also cover custody, parenting time, and support. At least one spouse must have been an actual, bona fide resident and domiciliary of Virginia for six months immediately before filing. The required separation period splits into two tracks. It runs six months if there are no minor children of the marriage and the parties signed a written separation agreement. It runs twelve months in every other case, including any case with minor children, regardless of whether an agreement exists. Resuming the marital relationship during the separation period restarts the clock.

No separate summary track, but a real do-it-yourself path

Virginia has no separate statutory summary dissolution track. Its uncontested fast path is divorce by affidavit, under Virginia Code Section 20-106. This route applies when the divorce is sought on the no-fault separation ground. The parties must also have resolved all issues, property, support, and custody, through a written settlement agreement. The respondent must have been personally served and must either waive service and notice or fail to file a responsive pleading or appearance.

Document checklist

Virginia has no official numbered court form for the divorce pleading. The state's own self-help site says plainly that no official forms exist for the divorce process. A case starts with a self-drafted or attorney-drafted Complaint for Divorce, filed in circuit court. The complaint is supported by the written settlement agreement. For the affidavit procedure, the parties also submit deposition or affidavit testimony without leave of court, once the statutory conditions are met.

The circuit court clerk's statutory filing fee is $60, which includes one certified copy of the final decree. Additional costs, such as service of process, can add to that total. Filers who cannot afford the fees can submit form CC-1414, the Petition for Proceeding in Civil Case Without Payment of Fees or Costs. This is Virginia's general circuit-court fee-waiver petition.

Is a hearing required

Not when the divorce by affidavit procedure applies. Under Virginia Code Section 20-106, a party may submit deposition or affidavit testimony instead of appearing at a live hearing. This requires the no-fault separation ground, a full settlement agreement with no unresolved issues, and proof the respondent was served. The respondent must also have waived service and notice, or simply not responded. Most uncontested Virginia cases are resolved this way, on paper, rather than through a court appearance.