How Long Does an Uncontested Divorce in Virginia Take?

One of the most common questions people ask is, “How long does an uncontested divorce take?” The answer depends on several factors, including the specific circumstances of your case and how quickly paperwork is handled.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce in Virginia is when both spouses agree to end the marriage and have settled all major issues beforehand. These issues typically include:

• Division of property and debts

• Spousal support (if any)

• Child custody, visitation, and support (if children are involved)

Because there are no disputes for the court to resolve, uncontested divorces are often faster and less expensive than contested divorces.

Residency Requirement

Before filing for divorce, at least one spouse must meet Virginia’s residency requirement. You or your spouse must have lived in Virginia for at least six months before filing. This rule applies whether your divorce is contested or uncontested.

Separation Requirement

In addition to residency, Virginia law requires a period of separation before you can file for divorce:

• Six months of separation if there are no minor children and you and your spouse have a signed separation agreement.

• Twelve months of separation if you and your spouse have minor children, even if you both agree on custody and support.

This separation period is one of the biggest factors in determining how long an uncontested divorce in Virginia will take.

Filing and Paperwork

Once the separation requirement is met, the process begins with filing a complaint for divorce in the local circuit court. The filing spouse (plaintiff) submits the complaint, and the other spouse (defendant) acknowledges or waives service. Because the divorce is uncontested, there’s usually no need for lengthy hearings or disputes.

If all documents are completed correctly and agreements are properly signed, the court can move forward with reviewing the case. Errors or incomplete paperwork can delay the process, which is why many people choose to work with an attorney even in uncontested cases.

Timeline for an Uncontested Divorce in Virginia

While timelines can vary, here’s a general idea of how long the process may take:

1. Separation period – 6 months or 12 months, depending on whether children are involved.

2. Filing paperwork – Once eligible, filing typically takes a few days to process.

3. Court review – After documents are submitted, it may take 4–8 weeks for the court to review and finalize the divorce, depending on the court’s schedule and backlog.

4. Final decree – Once the judge signs the final decree, your divorce is officially complete.

In total, if you meet all requirements and there are no delays, an uncontested divorce in Virginia can be finalized within two to three months after filing, not including the required separation period.

Factors That Can Cause Delays

Even uncontested divorces may face delays. Some common causes include:

• Errors or missing information in the paperwork

• Courts experiencing heavy caseloads or backlogs

• Delays in one spouse signing or returning required documents

• Disputes that arise unexpectedly, changing the case from uncontested to contested

Working with an experienced attorney can help avoid unnecessary delays by ensuring that documents are prepared correctly and deadlines are met.

Why Many Couples Choose Uncontested Divorce

Aside from being faster, an uncontested divorce in Virginia has other benefits:

• Lower cost – Since there are no disputes to litigate, legal fees and court costs are generally much lower.

• Privacy – With fewer hearings, more of your personal matters remain private.

• Less stress – Cooperation between spouses reduces conflict, making the process smoother for everyone, especially children.

Final Thoughts

So, how long does an uncontested divorce in Virginia take? In most cases, once the separation requirement is met, the process can be completed within two to three months. While this timeline is generally shorter than a contested divorce, it still requires careful preparation and accurate paperwork. By understanding the requirements and seeking legal guidance if needed, you can move through the process efficiently and focus on the next chapter of your life.