Understanding the Uncontested Divorce Process in Virginia

Deciding to end a marriage does not always come from conflict. For many couples, it comes from a shared realization that continuing forward together no longer works, and that turning the separation into a legal battle would only make things harder. You may be trying to protect your children, preserve financial stability, or move through this transition without adding unnecessary damage.

At the same time, life does not pause. You are still working, parenting, paying bills, and maintaining a household while trying to understand what comes next. That is often when people begin searching for the uncontested divorce process, hoping there is a way forward that feels structured, predictable, and avoids court fights.

That search reflects reality. Virginia’s divorce rate remains higher than the national average, and thousands of families each year navigate divorce while trying to stay functional and financially intact. The uncontested divorce process exists for that reason, but it only works when each step is handled in the correct order.

At Slovensky Law, we help families across the Commonwealth, including those filing in the Roanoke City and Roanoke County Circuit Courts, move through divorce with structure instead of escalation.

This guide explains how to get an uncontested divorce in Virginia for 2026, step by step, so you understand what must happen, when it must happen, and where mistakes most often derail otherwise cooperative cases.

Virginia Uncontested Divorce: Quick Reference

Step One: Confirm You Qualify for an Uncontested Divorce in Virginia

An uncontested divorce in Virginia is based on no-fault grounds under Va. Code § 20-91, but this is where many people misunderstand what “uncontested” actually means. It does not mean informal, automatic, or fast. It means the court will step back only if every issue has already been resolved before filing.

This step often exposes a false sense of readiness. Conversations may feel calm, and you and your spouse may believe you agree on the big picture. The problem is that courts do not work in intentions or verbal understandings. They work in written terms. If property division, debt allocation, support, or parenting details are missing or unclear, the case is not uncontested in the court’s eyes.

Judges are not there to negotiate. Their role is to approve agreements that are complete, enforceable, and consistent with Virginia law. When agreements are incomplete, hearings become necessary, timelines stretch, and costs rise. What felt cooperative can quietly turn into litigation.

Before anything is filed, this step must be settled. Understanding how to get an uncontested divorce starts here. If all issues are fully resolved in writing, the uncontested divorce process can move forward. If they are not, it cannot.

Step Two: Satisfy Virginia’s Separation Requirement

Virginia’s separation rules are often described as timelines, but for families living inside them, they feel more like holding patterns. Life continues, but major decisions remain on pause while the legal clock runs.

Six-Month Separation (No Minor Children)If there are no minor children and you and your spouse have signed a valid Property Settlement Agreement, Virginia allows divorce after six months of separation. The agreement is essential. Without it, the passage of time alone does not move the case forward, no matter how cooperative things feel.

One-Year Separation (Families With Minor Children)When minor children are involved, the separation period extends to one full year. The state requires this additional time to ensure stability before finalizing a divorce that affects children’s daily lives. For parents, this often means living through a trial period where routines, finances, and parenting arrangements are tested in real time.

Living Separate and Apart Under One RoofFinancial reality sometimes makes two households impossible. Virginia allows separation under the same roof, but only if strict boundaries are maintained. Separate finances, no shared meals, and no presentation as a couple are not technicalities. They are evidence. Without them, separation can be challenged and timelines reset.

Until this step is satisfied, the court cannot finalize the divorce.

Step Three: Draft a Court-Ready Property Settlement Agreement

The Property Settlement Agreement is the backbone of the uncontested divorce process. On paper, it looks like a document. In practice, it is the single most important factor determining whether the process moves forward smoothly or stalls.

Courts rely on this agreement because it answers every question a judge would otherwise have to decide. Assumptions are what cause problems here. Trusting that details can be handled later often leads to vague language that courts cannot approve, even when both spouses believe they are aligned.

In 2026, courts expect agreements to reflect how families actually function. Parenting provisions must address communication, decision-making authority, and access to information. A 2025 update now guarantees parents online access to children’s health and academic records through secure portals. If that access is not clearly addressed in the agreement, enforcement problems can arise long after the divorce is final.

When the agreement is thorough and precise, the court has no reason to intervene. When it is not, even cooperative cases lose momentum.

Step Four: Apply the Updated 2025 Child Support Guidelines

Child support is where uncontested divorces often become tense, even when everything else feels resolved. Money forces clarity, and outdated assumptions can quietly derail progress.

Virginia’s July 1, 2025 update raised the combined monthly income threshold in the child support guidelines to $42,500. Support is calculated using guideline percentages up to that threshold, but income above it is evaluated separately based on proportional responsibility and the child’s actual needs.

If your household income approaches or exceeds this level, online calculators can be misleading. Agreements based on outdated caps often require revision, delaying finalization. That uncertainty affects housing decisions, childcare planning, and long-term financial stability.

When calculating support, accuracy depends not only on income figures but also on using the correct worksheet. Virginia requires different child support worksheets depending on custody arrangements, including Sole, Shared, and Split custody worksheets. Using the wrong worksheet, even when income numbers are correct, is a common reason courts require revisions before approving an uncontested agreement.

Before filing, support calculations must reflect the current guidelines. This step is critical to understanding how to get an uncontested divorce that will hold up under court review.

Step Five: File the Case in the Correct Circuit Court

Filing is where many uncontested divorces lose momentum, not because of disagreement, but because of technical errors that stop the case before a judge ever reviews it. In Roanoke, uncontested divorces are filed through the Circuit Court, and every document is screened by the Clerk’s Office before it moves forward.

In practice, most delays come from avoidable filing defects. The Roanoke Clerk’s Office typically requires original signatures on documents such as the VS-4 form. Photocopies or scanned signatures are a frequent cause of rejection, even when everything else is in order.

Other common issues include inconsistent dates between the Complaint, Affidavit, and Property Settlement Agreement, as well as formatting errors that clerks are not permitted to correct. When a defect is identified, the file is returned and the process pauses until corrections are made.

For families who believe they are nearing the end of the process, this stage is often the most frustrating. Familiarity with Roanoke’s local filing expectations helps prevent these setbacks and keeps the uncontested divorce process moving forward.

Step Six: Finalize the Divorce by Affidavit or Hearing

Many people assume divorce requires standing before a judge. In uncontested cases, that is often unnecessary. In recent years many uncontested divorces are finalized by affidavit, allowing the court to review sworn written statements instead of holding a hearing.

When documents are complete and accurate, the process often ends quietly. The court reviews the paperwork, approves the agreement, and issues the Final Decree of Divorce without public testimony or courtroom appearances.

Ore Tenus hearings remain available, but they are usually required only when clarification is needed or documents are incomplete. Choosing the affidavit route reduces stress at the final stage and shortens the path to closure.

Common Issues That Delay Otherwise Uncontested Cases

Many uncontested divorces stall for reasons that have nothing to do with conflict. They stall because the court cannot accept paperwork that is incomplete, inconsistent, or improperly prepared. When that happens, the case does not move forward, it stops.

The most common delays come from avoidable technical issues, including:

• Errors on the VS-4 form, which Virginia uses for its vital records. Clerks apply strict rules, and even small alterations or corrections can trigger rejection.
• Missing or mismatched information across documents, such as names, dates, or separation details that do not align exactly from one filing to the next.
• Formatting or filing defects that clerks are not allowed to fix on your behalf, even when the mistake seems minor.
• Incomplete agreements, where terms appear settled but are not written clearly enough for court approval.

When a filing is rejected, weeks can be lost resubmitting documents that were otherwise ready. For many people, that delay feels heavier than expected because it extends a process they were prepared to be finished with.

In the uncontested divorce process, precision is not optional. Attention to detail is what keeps momentum intact.

A Smarter, Digital Option: RightSplit℠ for a Faster, Court-Free Resolution

For many Virginia families who meet the eligibility requirements and have already resolved key issues, there is now a modern alternative to the standard filing route: RightSplit℠ by Slovensky Law Firm. This service is designed specifically for people seeking a simplified digital uncontested divorce that minimizes friction, clarifies expectations, and speeds up the timeline whenever possible.

RightSplit℠ provides a fully online divorce solution, sometimes called DigiVorce℠, that lets you handle your case from the comfort of home without crowded courtroom appearances or repeated office visits. The process is still rooted in Virginia law, but it is structured so that:

• You complete a brief online questionnaire to determine if your situation qualifies.
• Agreements on finances, property, and custody are finalized with legal guidance, even if you start with terms in mind or need help developing them.
• All necessary paperwork is prepared and filed on your behalf, with clear explanations every step of the way.
• Many cases can reach finalization without a courtroom appearance, reducing stress and saving time.

RightSplit℠ is not a DIY kit. It is legal support built for people who want efficiency, clarity, and expert oversight throughout the uncontested divorce process. It is particularly helpful for couples who are aligned on key terms but want the reassurance that documents are completed correctly and filed according to Virginia procedure.

When the Uncontested Divorce Process Needs a Clear Plan

Uncontested divorce works only when timing, paperwork, and agreements line up exactly. When one piece is off, even cooperative cases stall, costs rise, and uncertainty drags on longer than expected. Most delays are not caused by conflict. They are caused by missed requirements, technical filing errors, or agreements that do not hold up under court review.

Slovensky Law works with clients who want to move through divorce deliberately, without surprises at the filing stage or last-minute corrections that reset the process. The focus is on getting the structure right early, so the case can move forward cleanly and close when it should.

A consultation with our team is a working review of where your case stands, what still needs to be resolved, and whether your is realistically achievable based on current Virginia requirements.

To discuss next steps and avoid preventable delays, contact our Roanoke office to schedule a consultation.