A written separation agreement is not required for an uncontested divorce. However, you must wait 12 months for the divorce if you don't have one. To shorten that time in half (6 months), you must have no minor children and a separation agreement. Additionally, even if you don't have a separation agreement, there must be no further disputes between you and your spouse, concerning custody, support, property, etc., for it to be considered uncontested.
Jim Childress
Childress Law Firm, PC
Rustburg, VA
Answered on Oct 31st, 2016 at 5:31 AM