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Key Takeaways
- The process of divorce can be an emotionally draining time in your life, filled with stress and uncertainty.
- The Commonwealth of Virginia allows for contested or uncontested divorces; couples can also pursue a no-fault or a fault-based divorce.
- In some cases, Virginia allows individuals to file for online divorces, which can lessen the burdens associated with the process.
- Working with a skilled and knowledgeable Virginia divorce lawyer can help you navigate the complexities associated with a divorce and help the process go more smoothly.

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Deciding to end a relationship is never easy. Whether due to irreconcilable differences, the breakdown of a marriage, or severe issues like domestic violence, navigating the process of divorce can be an emotionally and legally challenging journey.
As you deal with this difficult time in your life, frequent visits to the court for divorce proceedings can leave you feeling mentally and physically exhausted, adding to your burdens.
However, with the state of Virginia allowing for online divorce filing, you can now file your uncontested divorce from the comfort of your home. At Montagna Law, our experienced family law attorneys are here to help you and guide you through the entire process.
Types of Divorce in Virginia

Virginia allows couples to file for either a contested or uncontested divorce. Additionally, some couples may want to pursue a fault-based divorce rather than a no-fault one. Here, we will outline the differences and criteria involved.
Contested Divorce Vs. Uncontested Divorce
A divorce becomes contested when there are disagreements over major aspects of a divorce, such as child custody, child support, spousal support (alimony), and property division. When this occurs, a couple will need court intervention to assist in making agreements.
Couples can pursue an uncontested divorce if they fully agree on key issues, such as custody, support, and property division. However, it is important to know that even if a couple disagrees on one major issue, such as property division, the divorce becomes contested.
Contested divorces cannot be filed online in Virginia.
Fault-Based Divorce Vs. No-Fault Divorce
Fault-Based Divorce
Virginia recognizes several fault-based grounds for divorce. This type of divorce tends to be more complex and will require a spouse to provide evidence to support allegations. The fault grounds permitted include:
- Adultery, sodomy, or buggery
- Desertion or abandonment
- Felony conviction with a one-year or more prison sentence
- Cruelty, abuse, or reasonable apprehension of bodily harm
In some cases, valid grounds that can be proven will expedite the divorce by allowing a couple to bypass the one-year separation requirement.
No-Fault Divorce
Couples can obtain a no-fault divorce based on the fact the marriage cannot continue because it has reached the point of an irretrievable breakdown. Before a couple can file a divorce petition for a no-fault divorce to be approved in Virginia, a lengthy separation will be involved.
Related Article: Divorce and Custody FAQ
The Waiting Period
Virginia does require couples to complete a waiting period before they are eligible to file for divorce. The waiting period will depend upon specific circumstances and type of divorce.
- Contested divorce: Generally, contested divorces require a one-year period of separation.
- Uncontested divorce: If minor children are involved, a separation period of one year; if no minor children, a six-month separation.
- Fault-based divorce: The waiting period depends upon the situation (e.g. adultery or felony conviction, no waiting period, but abandonment or cruelty is one year).
- No-fault divorce: To qualify, if a couple has no minor children, they must separate for at least six months; if there are minor children involved, they must separate for one year.
These timeframes represent the minimum amount of time you can get a divorce in Virginia. It could take longer, depending on court calendars and litigation delays.
Can You File for Divorce Online in Virginia?

Yes, you can file for an online divorce in Virginia, but you must meet specific requirements to be eligible to do so.
Requirements for Filing Online Divorce in Virginia
Couples wanting to pursue an online divorce in Virginia must both agree to terms and file for an uncontested, no-fault divorce. Residency requirements must also be met.
- One spouse must have lived in Virginia for six months before filing for divorce
- One spouse must presently live in Virginia at the time of filing for divorce
How Long Does an Uncontested Divorce Take?
After the separation agreement is finalized and the six-month or one-year separation criteria are met, the completion of the divorce may take anywhere from a few weeks to a few months. Again, the court’s schedule and prompt submission of paperwork will dictate this timeframe.
Related Article: Final Decree of Divorce
What is the Quickest Way You Can Get Divorced in Virginia?
The fastest method of obtaining a divorce in Virginia is by filing for an uncontested divorce and fulfilling the waiting period requirement (either six months or one year, depending on whether the couple has children).
Related Article: How to File for Uncontested Divorce Online in Virginia
Why Work With Montagna Law
Clients often select Montagna Law as the law firm to represent them in their divorce or other family law matters because they know they will receive quality legal representation, transparency, and good communication.
We know the divorce process can be painful and difficult to get through. Our attorneys are well-versed in state law and aim to make the process as easy as possible. For instance, we can complete the entire online divorce process over the phone or via email, except for one form you will need to print, sign, and mail back to us.
Montagna Law streamlines the process to make it efficient and accurate. Through each part of the divorce process, we will provide you with an update from start to finish.
End Your Marriage Amicably, All From Home
Filing for divorce is never easy. The compassionate attorneys at Montagna Law understand the challenges and difficulties associated with a divorce. For couples who are eligible, an online divorce is the least stressful, least expensive, and easiest method of obtaining a divorce. We will provide legal advice, file divorce papers, negotiate a settlement agreement with the other party, and handle all the details.
The divorce attorneys at Montagna Law are experienced in all types of Virginia divorces and are well-versed in Virginia family law. Call us today to schedule a consultation to see if you are eligible for an online divorce. Our phone number is 877-622-8100, or, if you prefer, contact us via our online contact form, and a member of our team will get back to you.
Montagna Law proudly serves the entire Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Suffolk.
Frequently Asked Questions
Yes, Virginia is a state that allows couples to file for a no-fault divorce. However, the Commonwealth does allow for fault-based divorces if this is preferred.
A separation agreement outlines the division of responsibilities between the two parties filing for divorce and indicates that both parties agree to the separation.
Virginia is an “equitable division” state. This means the marital assets will be divided fairly, but it does not mean the property will necessarily be a 50/50 split.
Child custody is determined by what the judge believes is in the best interest of the child. The judge will take several factors into account when deciding both physical and legal custody, including:
- Which parent lives in the marital home with the children
- The parent-child relationship
- Who is the children’s primary caregiver and involved with medical care, educational involvement, daily routines, and any extracurricular activities
- The willingness to co-parent and do so more effectively
- Reasonable preference of the child
Additionally, if there is a history of violence or abusive behavior by one parent, it is possible they will not be given custody, regardless of the other factors.
A Virginia court will determine spousal support by factoring in each spouse’s income, the financial needs of both parties, the duration of the marriage, and the standard of living established during the marriage.

Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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