Divorce FAQ

At Fast Affordable Virginia Divorce Lawyers, our attorneys understand that many people have questions related to getting a fast uncontested divorce in Virginia.

From our experience, we know the Virginia uncontested divorce process can be confusing, so we are here to help. This FAQ section has answers to commonly asked questions and related information on a variety of issues and topics. We encourage you to use this section as your resource, and then we invite you to request a free consultation to discuss your questions about Virginia uncontested divorce in detail.

What is the difference between an uncontested divorce and a contested divorce?

Uncontested divorces are often referred to as simple divorces. An uncontested divorce occurs when the couple agrees to obtain a divorce and the issues surrounding it. The contested divorce is the type in which the spouses cannot agree on one or more issues or one party simple does not want the divorce.

How can I file for separation in Virginia?

Virginia courts do not grant “legal separation”; in Virginia, to be considered “separated” for purposes of obtaining a divorce, the parties simply must not be living together as a couple. To prove that kind of separation it would be best to have a Separation and Property Settlement Agreement prepared where the date of separation would be listed.

How long do I need to be separated before filing for divorce in Virginia?

In Virginia, a final uncontested divorce may not be granted until the parties have been separated at least one year if there are children born of the marriage. In the event that the parties have no children and have signed a Separation and Property Settlement Agreement, the parties may proceed with the divorce after a six-month separation

How long will an uncontested divorce take to complete?

The process will take approximately 5 weeks to complete, the process will not require any type of court appearance.

What will be the total cost for the divorce process?

The total cost for a simple uncontested divorce will be $899*, which includes a standard Separation and Property Settlement Agreement. If matters like property, child support/custody, or spousal support need to be included then additional nominal fees may apply.

*Plus $96 court costs. Additional fees may apply for property/debts, custody and support.

Do I need to live in Virginia to file a divorce in Virginia?

At least one of the parties to the divorce action must have been and still be a resident and domiciliary of the State of Virginia for at least 6 months prior to filing for divorce.

What is a Separation and Property Settlement Agreement?

A Separation and Property Settlement Agreement is a written contract between the parties that presents their rights, duties and obligations that arise out of their separation and divorce. These may include such things as the division of their property, spousal support, custody, and child support. Separation Agreements are not required in the divorce process, though they are highly recommended.