What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in Virginia?

  1. At least one of the parties is currently a resident of Virginia, and has maintained the residency for at least the last 6 months.
  2. The parties agree on all details, or at least make no objections.
  3. A Marital Settlement Agreement (MSA) signed by both parties and filed in court may be used in any divorce.
  4. A MSA is highly recommended if minor children are involved, and required if alimony, child support, or property division will be requested.
  5. If there are no minor children involved and if a MSA will be filed -- the parties must be separated for at least 6 months prior to filing. Otherwise, the parties must be separated for at least 12 months prior to filing.

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