Q: Filing for divorce with an in-home separation agreement, no kids or property, in Virginia.
My wife and I have been doing an in-home separation for 5 months and we would like to file for divorce in about a month. We have no kids, property, or debt, and we fully agree on all points with a solid separation agreement outlining how we’ll proceed with the divorce. Is there anything extra that we need to do when we file? I am unsure about the residency requirements for filing for divorce.
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A:
In Virginia, you must meet the residency requirement to file for divorce. One of you must have lived in Virginia for at least six months before filing. Since you've been separated for five months, you may need to wait until the six-month period is complete to meet this requirement.
If you and your wife fully agree on the terms of the divorce, including the separation agreement, the process will likely be straightforward. You'll need to file the appropriate forms with the court, including your separation agreement, and indicate that it's an uncontested divorce. Since you have no children, property, or debt to divide, this simplifies the process further.
Make sure that the separation agreement is clear and covers all necessary details, as the court will likely reference it when finalizing the divorce. If both of you are in agreement and there are no disputes, you may be able to complete the divorce without a hearing, but it’s always a good idea to double-check with the court about any specific requirements or paperwork you may need to file.
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