In Virginia, the necessity of both spouses’ signatures on divorce documents depends significantly on whether the divorce is uncontested or contested. An uncontested divorce, where both parties agree on all terms such as property division, spousal support, and child custody (if applicable), typically requires both signatures on a settlement agreement. This agreement is then submitted to the court as part of the final divorce decree. Without mutual consent and signatures, the process generally proceeds as a contested divorce.
The distinction between contested and uncontested divorces carries substantial implications for the time, cost, and emotional strain involved. Uncontested divorces, facilitated by mutual agreement and documented by signed papers, offer a streamlined resolution, minimizing legal fees and court appearances. Historically, divorce proceedings often required extensive litigation, making uncontested divorces a more recent and welcome option for couples able to reach amicable agreements. The presence of signed agreements provides clarity and legal certainty, reducing the potential for future disputes.
