An uncontested divorce begins with understanding what is agreed and what still needs attention. Before discussing a filing, organize the history of the separation, any written agreement and the practical issues that affect both spouses.
1. Build a clear separation timeline
Write down the date separation began, any periods of reconciliation, and the living arrangements during that time. The significance of those facts depends on the applicable ground for divorce; bring questions about uncertain dates to your consultation.
2. Identify the agreement and the issues it covers
Collect signed separation or property settlement agreements and any drafts. Make a list of unresolved questions about property, debts, support and parenting arrangements. Avoid treating a verbal understanding as a substitute for reviewing the documents.
3. Understand the statutory starting point
Under Virginia Code § 20-91(A)(9), separation-based divorce generally involves one year of uninterrupted separation without cohabitation. A six-month period may apply when there is a separation agreement and no minor children within the statutory categories. Have a lawyer assess the facts and other requirements before choosing a filing date.
4. Gather practical records
- Marriage and separation dates, addresses and relevant correspondence.
- Existing agreements, orders and court papers.
- Income, account, debt and property records.
- Parenting schedules and child-related expenses, where relevant.
5. Ask about the court procedure
Ask which court has jurisdiction, what must be filed, how notice is handled, and what evidence is needed. Court requirements and the facts of the case determine the next steps; a checklist cannot guarantee a filing date or outcome.
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