Legal Question in Family Law in Virginia

Re: Do I have to have a Property Settlement Agreement?

A divorce can be obtained after the parties have been separated for one year. However, if there are no minor children, and there is a separation agreement, the waiting period reduces to six months.

Thus, you do not have to have a property settlement agreement to get a divorce after one year, but you may need to have the court decide the property issues. If you want to cut that period down to six months, you do not have to have a property settlement agreement, but you do have to have a written agreement to separate -- it does not have to deal with the property, support or custody and visitation (if there are kids) issues.

You can purchase at the Circuit Court Clerk's desk on the third floor of the Fairfax Count Courthouse a very good booklet on how to obtain a divorce pro se (literally, for self, but meaning without an attorney.)