filing for uncontested divorce in virginia

In order to file for divorce you must first have grounds for divorce.  In Virginia, there are two no-fault grounds for divorce.  One is being separated for one year.  The other is being separated for six months, IF you have no minor children together, and a written property settlement agreement (PSA).  It sounds like you have the PSA, so assuming you have no minor children together, you can file for divorce after you have been separated for another five months.  The other grounds for divorce are based on fault, such as adultery, cruelty, or desertion.  These fault-based grounds do not require a separation period before filing the divorce.   However, all by adultery require the parties to be separated for a year before the divorce can be finalized.  Typically these fault-based divorces take many months or years in court because they require contested litigation and a full trial to prove the grounds for divorce.  They are usually only worth pursuing when there is a lot at stake, such as division of significant marital property or the need for support (or to prevent the other party from obtaining support). This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.