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Guide to Uncontested Divorce in Virginia

December 23, 2025

Uncontested / Simple Divorce in Virginia: A Plain-English Guide (No-Fault + “Divorce by Affidavit”)

Thinking about ending your marriage is stressful enough. Figuring out the Virginia divorce process on top of that can feel like too much. The good news is that if you and your spouse can agree on the important issues, an uncontested no-fault divorce in Virginia is often the simplest and most affordable way to move on.

And here’s the #1 thing DIY filers in Virginia want to know: you may be able to finalize your divorce without ever going to court by using written testimony (often described as the affidavit/deposition method). The alternative is a short in-person final hearing called an ore tenus hearing.

This guide explains, in plain English, how a simple divorce in Virginia works: who qualifies, the 6-month vs. 1-year separation rules, the difference between affidavit finalization vs. ore tenus, key court paperwork (including the easy-to-miss VS-4 Form), what it may cost, and where a DIY self-help kit can fit into the process.

Important disclaimer: PlainDivorce is not a law firm. This article is legal information only, not legal advice. Court rules, forms, and fees change, and different Virginia Circuit Courts can have different local practices. Always double-check requirements with your local Circuit Court clerk’s office or a Virginia family law lawyer before you file anything.

Table of Contents

uncontested divorce in Virginia

1. What Is an Uncontested (No-Fault) Divorce in Virginia?

In Virginia, most “simple divorces” are uncontested and based on no-fault separation. Practically, that means:

  • You and your spouse agree the marriage should end, and
  • You’ve lived separate and apart without cohabitation for the required time, and
  • You’ve resolved property, debt, and (if applicable) children’s issues, usually in writing.

The divorce case is filed in a Virginia Circuit Court. The initiating document is typically called a Bill of Complaint for Divorce (many DIY filers search “Virginia divorce complaint,” but “Bill of Complaint” is common Virginia wording).

Many uncontested cases are built around a written separation contract called a Property Settlement Agreement (PSA). A PSA is where you spell out the terms you’ve agreed to: property, debts, support, and often parenting terms if you have children.

Important practical note: Virginia does not have one single official statewide “divorce packet” that fits every Circuit Court. Some courts publish local instructions or packets, and local practices can vary. That’s why careful paperwork and local verification matter in DIY cases.

2. Who Qualifies? Residency + Separation Rules (6 Months vs. 1 Year)

To qualify for an uncontested no-fault divorce in Virginia, focus on two things: residency and separation.

2.1 Virginia residency (basic rule)

Generally, at least one spouse must have been a resident and domiciliary of Virginia for at least 6 months immediately before filing.

2.2 Separation (the biggest confusion point)

Virginia’s no-fault divorce timeline usually depends on whether you have minor children and whether you have a signed PSA (separation agreement).

  • 6-month separation route (shorter option):
    • You have no minor children together, AND
    • You have a signed Property Settlement Agreement (PSA), AND
    • You have lived separate and apart without cohabitation for at least 6 months.
  • 1-year separation route (common default):
    • If you have minor children, OR
    • If you do not have a signed PSA,
    • Most people must complete 1 full year of separation before finalizing on no-fault grounds.

Important: “Separate and apart without cohabitation” is more than just “we’re not getting along.” Courts care about the separation date, intent, and whether you resumed marital cohabitation. If your separation story is complicated (moving in and out, reconciling briefly, living under one roof), consider legal advice before filing.

3. The 6-Month vs. 1-Year “Trap” (Quick Decision Guide)

If you want the 6-month no-fault route, Virginia’s rules are strict. Use this quick guide to avoid planning around the wrong timeline:

  • Do you have minor children together? If yes, plan on the 1-year separation route.
  • Do you have a signed PSA (written separation agreement)? If no, many people must plan on the 1-year route.
  • Only when it’s “No minor children + Signed PSA” can many couples use the 6-month separation timeline.

4. The Two Ways to Finalize: “Divorce by Affidavit” vs. Ore Tenus Hearing

This is the make-or-break topic for DIY filers in Virginia.

Option A: Finalize without going to court (affidavit / deposition method)

In many Virginia uncontested cases, you can finalize without appearing in a courtroom by submitting sworn written testimony. The exact documents can vary by Circuit Court, but the concept is:

  • You (the Plaintiff) provide sworn written testimony (often an Affidavit of Plaintiff or a written deposition) covering required facts like residency, separation dates, and no-fault grounds.
  • A neutral adult provides corroborating testimony (often called a “witness affidavit” or similar) confirming key facts like separation.
  • You submit a proposed Final Decree of Divorce and required attachments, and the judge signs if everything is complete.

People often search this as “no court hearing divorce Virginia” because, when allowed and done correctly, the judge can decide the uncontested case based on the written record.

Option B: Finalize with a short in-person hearing (ore tenus hearing)

The alternative is an ore tenus hearing. “Ore tenus” is a Latin phrase that basically means the judge hears short oral testimony.

At a typical ore tenus hearing in an uncontested case:

  • The Plaintiff answers basic questions about residency, the marriage, the separation, and the no-fault ground.
  • A corroborating witness (an adult who is not a party to the case) answers a few questions confirming key facts.
  • If children are involved, the judge may ask extra questions to confirm the arrangements are reasonable.

Local practice note: Some Circuit Courts prefer ore tenus in more situations, while others routinely finalize by written testimony when paperwork is complete. Even if you submit written testimony, a judge can still require an ore tenus hearing if something needs clarification.

5. Step-by-Step Overview (Bill of Complaint → Final Decree)

Below is a plain-English roadmap for a typical Virginia uncontested no-fault divorce. Details vary by locality, but the overall flow is similar.

Step 1: Confirm eligibility

  • Virginia residency (often 6+ months for at least one spouse).
  • Separation completed:
    • 6 months if no minor children + signed PSA, or
    • 1 year if minor children or no PSA.
  • Truly uncontested (no active disputes over money or children).

Step 2: Sign your Property Settlement Agreement (PSA)

Your Property Settlement Agreement (PSA) is the “engine” of many uncontested cases. It should clearly address:

  • Property and debt division
  • Spousal support (pay or waive)
  • If applicable: custody, parenting schedule, child support, insurance, and shared expenses

If you plan to rely on the 6-month separation route, a signed PSA is typically essential.

Step 3: Prepare your filing package (including required cover sheets)

You open the case in the appropriate Virginia Circuit Court by filing your Bill of Complaint for Divorce and any required intake items. Two commonly missed items are:

  • Cover Sheet for Filing Civil Actions (Form CC-1416) — used to open and categorize the civil case.
  • Addendum for Protected Identifying Information (Form CC-1426) — a confidential addendum for protected identifying details when required.

Privacy warning: Do not put Social Security numbers or other protected identifying information into public pleadings. Courts use confidential handling for protected information, and local practice can be strict about privacy compliance.

Step 4 — Serve your spouse (or file an acceptance/waiver)

Even in an uncontested case, the other spouse must receive formal notice. This is often handled by sheriff service, a private process server, or by filing an acceptance/waiver if your spouse is cooperative. A commonly used Virginia form is:

  • Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice (Form CC-1406)

Step 5 — Choose your finish line: written testimony or ore tenus

After the uncontested file is ready, you typically finalize in one of two ways:

  • By written testimony (affidavit/deposition method): submit sworn written testimony plus your proposed Final Decree of Divorce and required attachments.
  • By ore tenus hearing: attend a brief hearing with a corroborating witness, then submit the proposed Final Decree of Divorce.

Step 6 — Submit the Final Decree (and the VS-4 Form)

If everything is complete, the judge signs a Final Decree of Divorce. Many courts also require a Virginia vital statistics document called the VS-4 Form with (or near) the final paperwork.

Once the clerk enters the Final Decree, your divorce is final. You can request certified copies for name restoration, financial accounts, and other official needs.

6. Key Forms and Filing Items (Including CC-1416, CC-1426, CC-1406, and VS-4)

Virginia divorce paperwork varies by Circuit Court, but these names come up constantly in uncontested cases:

  • Bill of Complaint for Divorce: starts the case in Circuit Court.
  • Cover Sheet for Filing Civil Actions (Form CC-1416): required intake cover sheet for civil filings.
  • Addendum for Protected Identifying Information (Form CC-1426): confidential protected-identifying-information addendum when required.
  • Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice (Form CC-1406): common way to avoid sheriff service when both spouses cooperate.
  • Property Settlement Agreement (PSA): your written separation/property/support agreement.
  • Final Decree of Divorce: the final order signed by the judge.
  • VS-4 Form: the Virginia vital statistics “report of divorce” form that is often required with final paperwork.

Pro tip: The VS-4 is “obscure” mainly because it’s not the document that gets you divorced. It’s the document that helps ensure the divorce is properly reported for state records. If it’s missing or filled out incorrectly, it can delay entry of your Final Decree in some courts.

Name restoration note: Many people request restoration of a former name as part of the divorce (often addressed in the Final Decree). If you need a separate, standalone adult name change outside the divorce context, Virginia has separate Circuit Court name-change procedures.

7. Special Issues When You Have Children

You can still have an uncontested divorce in Virginia with minor children, but the court will pay closer attention to your arrangements and paperwork.

  • Custody (legal and physical) and a workable parenting schedule
  • Child support (usually guideline-based, unless there’s a valid reason to deviate)
  • Health insurance and allocation of uncovered medical and dental expenses
  • Childcare costs (if applicable)

Separation reminder: If you have minor children, most people cannot use the 6-month no-fault route and should plan around the 1-year separation requirement.

Also note: some local courts require a parenting seminar or parent education class. Requirements vary by locality, so check your specific Circuit Court’s website.

8. How Long Does an Uncontested Divorce Take in Virginia?

Timing has two parts: (1) the separation period you must complete before finalizing on no-fault grounds, and (2) the court processing time after you file.

  • Separation: 6 months (no minor children + PSA) or 1 year (minor children or no PSA).
  • After filing: a smooth uncontested case may take weeks to a few months depending on service, court backlog, and whether your court finalizes by written testimony or schedules an ore tenus hearing.

You can often reduce delays by keeping separation dates consistent across documents and making sure notarizations, cover sheets, and confidential addendum requirements are handled correctly the first time.

9. What Does an Uncontested Divorce Cost?

Fees vary by locality, but many Virginia Circuit Courts list a divorce filing fee around $86. Some localities add other charges or have additional fees for specific requests (for example, name restoration). Always verify the current amount with your Circuit Court or the Virginia fee calculator.

If the sheriff serves your spouse in Virginia, the service fee is commonly around $12 per service. If your spouse signs an acceptance/waiver instead, you may avoid that service cost.

  • Court filing fees (vary by Circuit Court and can change)
  • Service of process (sheriff or process server) unless waived/accepted
  • Notary fees (PSA, affidavits, acceptance/waiver)
  • Certified copies of the Final Decree
  • Optional help: mediation or limited-scope attorney review

Even with these costs, an uncontested no-fault divorce is usually far less expensive than a contested case.

10. When a DIY Divorce Might Not Be Right for You

DIY can save money, but consider legal advice if:

  • There is domestic violence, threats, stalking, or serious coercion.
  • One spouse is hiding assets or income or refuses basic financial disclosure.
  • You have a business, multiple properties, significant retirement assets, or major debt.
  • There are immigration, tax, or bankruptcy complications.
  • You feel pressured to sign a PSA you don’t understand.

Even a one-time consultation can prevent long-term problems that are expensive to fix later.

11. Where a Self-Help Divorce Kit Fits

If your case is truly uncontested, a self-help kit can help most with organization and the Virginia-specific moving parts, including:

  • Understanding the 6-month vs 1-year separation rules (and what a PSA changes).
  • Organizing a clear Property Settlement Agreement (PSA) structure.
  • Preparing a cleaner filing package so you don’t miss intake items like CC-1416 or privacy addendums like CC-1426.
  • Knowing the difference between finalizing by written testimony and finalizing by ore tenus.
  • Not forgetting “small but mandatory” items like the VS-4 Form.

Download Our Virginia Uncontested Divorce Self-Help Kit

12. Virginia Uncontested Divorce FAQs

What is an uncontested or simple divorce in Virginia?

An uncontested (simple) divorce in Virginia is a divorce where both spouses agree the marriage should end and they have no unresolved disputes about key issues. Most simple divorces are no-fault and rely on the required separation period, plus a written agreement (often a Property Settlement Agreement).

Can we finalize a Virginia divorce without going to court?

In many uncontested cases, yes. Some Circuit Courts allow finalization using sworn written testimony (often described as an affidavit/deposition method). Other courts prefer, or the judge may require, a short ore tenus hearing. Local practice varies, so verify with your Circuit Court.

Do we have to serve divorce papers if we agree?

Even in uncontested cases, the Defendant must receive formal notice. If your spouse cooperates, an acceptance/waiver document (often using Virginia form CC-1406) may be used instead of sheriff service. If not, service is typically completed by sheriff or a process server.

What paperwork do people most often forget in Virginia?

Two common “missed items” are (1) intake paperwork like the civil cover sheet (CC-1416), and (2) privacy handling for protected identifying information (often handled through the confidential addendum CC-1426, when required). Many DIY filers also overlook the VS-4 vital statistics form until the end.

How much does a simple divorce cost in Virginia?

Fees vary by locality and what you request, but many Circuit Courts list a divorce filing fee around $86. If sheriff service is needed in Virginia, the service fee is commonly around $12 per service. Always confirm current fees with your local Circuit Court.

13. Final Thoughts and Next Steps

If you’re aiming for a simple uncontested divorce in Virginia, focus on the three pillars:

  • Eligibility: residency plus the correct separation timeline.
  • Agreement: a clear Property Settlement Agreement (PSA) (and parenting/support terms if applicable).
  • Finalization method: understand whether your court will likely accept written testimony or require an ore tenus hearing.

PlainDivorce provides educational resources and DIY tools for uncontested cases, but we are not a law firm and cannot give legal advice. Before filing, and again before submitting your final paperwork, verify current requirements with your local Virginia Circuit Court.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.