The Virginia General Assembly made obtaining an uncontested divorce slightly simpler in 2021.
It used to be that Virginia Code Section 20-106 required in a no-fault divorce that a third party, usually a friend or family member, must either come to court and testify or swear in an affidavit certain information regarding the separated husband and wife’s relationship and their breakup. This was inconvenient, time-consuming, and occasionally uncomfortable for the person who knew both parties to be part of the process and provide this corroborating information.
For a no-fault divorce, Virginia law still requires that the parties either be separated for one year, or if they do not have minor children and they have a separation agreement, to be separated for 6 months, in order to file for and obtain a divorce. However, the parties in a no-fault divorce no longer need to invite a friend or family member into the litigation process when these issues are uncontested.
Please contact Rakness & Wright PLC if you would like to discuss a possible uncontested divorce on no fault grounds.