What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in Virginia?
- At least one of the parties is currently a resident of Virginia, and has maintained the residency for at least the last 6 months.
- The parties agree on all details, or at least make no objections.
- A Marital Settlement Agreement (MSA) signed by both parties and filed in court may be used in any divorce.
- A MSA is highly recommended if minor children are involved, and required if alimony, child support, or property division will be requested.
- 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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