The Clear Path: Navigating Uncontested Divorce in Virginia
A Modern Approach to Legal Representation
At B. S. Johnson Law, PLLC, we believe that the law should be accessible, transparent, and precise. Founded with a commitment to aiding others, our firm stands as a pillar of support for individuals and families across Richmond, Virginia, and the surrounding Commonwealth.
We understand that seeking legal counsel is often a result of life’s most stressful moments—like a marriage ending. Too often, this stress is compounded by the fear of open-ended legal bills. That is why our firm is renowned for its dedication to delivering cost-effective, flat-fee legal services. We have removed the uncertainty of the "billable hour" for many of our services, allowing you to focus on your future rather than your finances.
If you and your spouse have already reached an agreement on all the major issues arising from your separation, you may be able to pursue the most streamlined and stress-free legal path available: the uncontested divorce. This blog post will demystify the process in Virginia, outline the requirements, and explain why a modern, flat-fee approach like ours is the perfect fit for your transition.
What is an Uncontested Divorce?
The term "uncontested divorce" is frequently used to describe a process where both spouses agree on two critical things: they both want to end the marriage, and they have reached a full agreement on all related matters.
Defining "Full Agreement"
In the context of a Virginia divorce, a "full agreement" means both parties have resolved every issue related to the dissolution of the marriage, including:
- Marital Property Division: How all assets (real estate, bank accounts, retirement funds, investments, etc.) and debts (mortgages, credit cards, loans) acquired during the marriage will be divided.
- Spousal Support (Alimony): Whether one spouse will pay support to the other, the amount, and the duration.
- Child Custody and Visitation: For couples with minor children, a detailed plan for physical and legal custody, and a visitation schedule.
- Child Support: The amount of financial support one parent will pay to the other, typically determined using Virginia statutory guidelines.
When these matters are resolved, the agreement is formalized in a legal document known as a Property Settlement Agreement or Marital Separation Agreement. This document is the cornerstone of an uncontested divorce and is incorporated into the final Divorce Decree by the court.
The Requirements for an Uncontested Divorce in Virginia
To successfully file for an uncontested divorce in the Commonwealth of Virginia, you must meet three primary legal requirements: residency, grounds, and the mandatory separation period.
1. Residency
At least one party to the marriage must be a resident of Virginia for a minimum of six months immediately preceding the filing of the Complaint for Divorce.
2. Grounds for Divorce (No-Fault)
Virginia allows for no-fault divorce based on the separation of the parties. The required period of separation depends on whether or not you have minor children:
- With Minor Children: If you and your spouse have children under the age of 18, you must live separate and apart, without cohabitation and with the intent that the separation be permanent, for at least 12 consecutive months.
- Without Minor Children: If you have no minor children and have executed a full Property Settlement Agreement, you may only be required to live separate and apart for 6 consecutive months.
It is crucial that the separation is marked by the intent to end the marriage. Simply living in separate rooms of the same house often does not qualify; the separation must be physical and emotional, signifying the end of the marital relationship.
3. The Property Settlement Agreement
As discussed, an absolute requirement for the streamlined uncontested process is having the written, executed, and notarized Property Settlement Agreement. This document proves to the court that there is no remaining dispute to resolve, making the judge's role purely administrative—to approve the terms and legally end the marriage.
The Uncontested Divorce Process: A Step-by-Step Guide
Once you meet the residency and separation requirements, and the Marital Separation Agreement is signed, the legal process moves swiftly.
Step 1: Drafting and Reviewing the Agreement
Before any legal documents are filed, B. S. Johnson Law assists in the drafting or review of your Property Settlement Agreement. This is the most critical step. Even in an amicable split, having an attorney review the terms ensures the document is legally sound, covers all foreseeable issues, and is enforceable in court.
Step 2: Filing the Complaint
The attorney will prepare and file the Complaint for Divorce with the appropriate Virginia Circuit Court. This formal document officially initiates the court case.
Step 3: Service of Process
The non-filing spouse (the Defendant) must be formally notified of the Complaint. In uncontested cases, the Defendant typically signs a simple document called an Acceptance and Waiver of Service, which eliminates the need for a Sheriff or private process server, saving time and money.
Step 4: Submission of Evidence
Because both parties agree, you typically will not need to appear in court for a contested trial. The case is usually handled through a submission of evidence by affidavit (sworn written statements). The attorney will prepare:
- The required Affidavits from the Plaintiff and a Corroborating Witness (a third party who can attest to the separation period).
- A proposed Final Decree of Divorce.
- The executed Property Settlement Agreement.
Step 5: Entry of the Final Decree
The judge reviews the submitted documents to ensure all legal requirements have been met and the agreement is not unconscionable. Upon approval, the judge signs the Final Decree of Divorce, legally dissolving the marriage. This final step typically occurs without either party stepping foot in a courtroom.
The B. S. Johnson Law Advantage: Flat-Fee Certainty
Seeking legal counsel is often a result of life’s most stressful moments. The last thing you need is the compounding stress of an unpredictable legal bill.
1. Transparency and Predictability
For an uncontested divorce, our modern approach means we remove the uncertainty of the "billable hour." We offer cost-effective, flat-fee legal services for the uncontested divorce process. You know the total cost upfront, allowing you to budget and plan for your future with complete financial transparency.
2. Efficiency and Speed
Our firm is structured to handle uncontested cases with maximum efficiency. Because the flat-fee model incentivizes streamlined work, we focus on moving your case from the initial consultation to the final Decree with the utmost speed, respecting the mandatory separation period required by Virginia law.
3. Precision in Documentation
Even simple cases require precise legal documentation. Our commitment to accuracy ensures that your Property Settlement Agreement is properly drafted and that all court filings are technically correct, preventing delays or rejections by the court. We help ensure your transition is legally sound and stress-free.
Take the Clear Path Forward
Ending a marriage is never easy, but an uncontested divorce provides the clearest, most straightforward path to a new beginning. By agreeing on all terms outside of court, you maintain control over your financial future and the well-being of your family, rather than leaving those vital decisions in the hands of a judge.
At B. S. Johnson Law, PLLC, we stand as a pillar of support for individuals and families across Richmond and the surrounding Commonwealth. Our dedication to accessible, transparent, and flat-fee legal services makes us the ideal partner for your uncontested divorce. Focus on your future; we’ll handle the legal precision.
Ready to discuss your uncontested divorce? Contact B. S. Johnson Law today to schedule a consultation and take the first predictable step toward your next chapter.
Recent Posts











