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What is an Uncontested Divorce in Virginia?

An uncontested divorce in Virginia is a legal process where both spouses agree on all major issues related to their separation, including the division of property and debt, spousal support, and, if they have children, child custody and support arrangements. Because there are no issues for a judge to decide, it’s a faster, more affordable, and less stressful way to legally end a marriage compared to a contested divorce.

Key Takeaways for Your Virginia Uncontested Divorce

  • Agreement is Essential: You and your spouse must agree on everything. This agreement must be put into a formal document called a Property Settlement Agreement (PSA).
  • Separation is Required: You must live separately and apart for a specific period before filing. It’s one year if you have minor children, or six months if you have no minor children and a signed PSA.
  • It’s Cost-Effective: An uncontested divorce avoids lengthy court battles, significantly reducing legal fees. Our firm offers flat-fee services for many uncontested cases, providing you with financial clarity.
  • No Court Appearance Needed: In most cases, the entire divorce can be finalized on paper through affidavits or depositions, meaning you likely won’t have to step foot in a courtroom.
  • Professional Guidance is Crucial: Even with an agreement, the legal paperwork is complex. A small mistake can cause delays or have long-term financial consequences. An attorney ensures it’s done right the first time.

A Clear Path Forward During a Difficult Time

I’m Cherita Lewis, an attorney with the Law Offices Of SRIS, P.C. For over 15 years, I’ve guided individuals and families through some of life’s most challenging transitions, including divorce. I understand that even when a separation is amicable, the legal process itself can feel overwhelming. You’re facing a mountain of questions, and the last thing you want is a complicated, drawn-out court battle.

You’re here because you and your spouse have already done the hard work of reaching an agreement. You’re ready to move on, and you need a process that is as simple, clear, and dignified as possible. That’s exactly what an uncontested divorce is designed to be. My role, and the role of our firm, is to validate the path you’ve chosen and take the legal burden off your shoulders. We’re here to ensure the final step of your journey is handled correctly and efficiently, transforming your anxiety about the unknown into a feeling of control and closure.

At the Law Offices Of SRIS, P.C., we’ve helped countless Virginians navigate this process. We’ve seen firsthand how a streamlined, predictable approach can provide peace of mind. This guide is built on that experience. It’s designed to answer your questions, calm your fears, and show you that there is a straightforward path to finalizing your divorce and starting your next chapter.

Table of Contents

The Hidden Risks of a DIY Divorce: Why Professional Guidance Matters

In the age of online forms and DIY solutions, it’s tempting to think you can handle your uncontested divorce entirely on your own. You have an agreement, so what could go wrong? Unfortunately, this mindset can lead to costly mistakes and future headaches. While your intentions are good—to save time and money—the Virginia legal system has specific requirements that, if missed, can derail your efforts.

Here’s what many people don’t realize about the risks:

  • Incorrect or Incomplete Paperwork: This is the most common pitfall. A clerk of court can reject your filing for something as simple as a missing signature, an incorrect case number, or using an outdated form. This causes frustrating delays, forcing you to start over.
  • A Weak Separation Agreement: A DIY Property Settlement Agreement (PSA) might cover the basics but often misses crucial details. Have you properly addressed retirement accounts (like pensions or 401(k)s)? What about tax implications for spousal support or property transfers? A poorly drafted PSA can be unenforceable or, worse, leave you financially vulnerable years down the road.
  • Waiving Important Rights Unknowingly: Without legal counsel, you might not realize you’re giving up rights to certain assets, like a share of your spouse’s pension or survivor benefits. Once a divorce is final, it’s incredibly difficult—and sometimes impossible—to go back and change the terms.
  • Failure to Properly Serve Your Spouse: Virginia has strict rules about how the other party must be legally notified of the divorce filing, even when they are cooperating. Failure to follow these “service of process” rules will bring your case to a halt.
  • Issues with Jurisdiction and Venue: Did you file in the right county? Have you met the six-month residency requirement as defined by Virginia law? Filing in the wrong court is a fundamental error that wastes both time and money.

An experienced attorney isn’t there to create conflict; they’re there to prevent it. We act as your quality control, ensuring every document is precise, every legal requirement is met, and your agreement is ironclad. Investing in professional guidance for your uncontested divorce isn’t an expense—it’s insurance against future legal and financial problems.

The Virginia Uncontested Divorce Process: A Step-by-Step Breakdown

Navigating the legal system can feel like trying to find your way through a maze. But the process for an uncontested divorce in Virginia is logical and straightforward when you know the steps. Here’s a clear overview of the journey from filing to final decree.

Step 1: Meet the Virginia Residency and Separation Requirements

Before you can even file, you must meet two fundamental requirements set by Virginia law.

  • Residency: At least one spouse must have been a resident and domiciliary of Virginia for a minimum of six months before filing the Complaint for Divorce. This means you must physically live in Virginia and intend for it to be your permanent home.
  • Separation: This is the crucial waiting period. Per Virginia Code § 20-91, you must live continuously separate and apart without cohabitation (meaning, not living together as a married couple). The required duration depends on your family situation:
  • 12-Month Separation: You must be separated for one full year if you have minor children from the marriage.
  • 6-Month Separation: The separation period is reduced to six months if you have no minor children AND you have a signed Property Settlement Agreement (PSA).

Step 2: Draft and Sign a Property Settlement Agreement (PSA)

This is the cornerstone of your uncontested divorce. The PSA (also called a Separation Agreement or Marital Settlement Agreement) is a legally binding contract that details how you’ve agreed to resolve all matters of your marriage. A comprehensive PSA should clearly outline:

  • Division of Marital Property: How will you divide real estate, bank accounts, investments, and vehicles?
  • Allocation of Marital Debt: Who is responsible for the mortgage, credit card balances, and loans?
  • Spousal Support (Alimony): Will one party pay spousal support? If so, for how much and for how long? Or will both parties waive it?
  • Child Custody and Visitation: A detailed parenting plan that covers legal custody (decision-making) and physical custody (where the children live).
  • Child Support: The amount of child support to be paid, calculated according to Virginia’s guidelines.

This document must be signed by both parties, and it’s highly recommended to have your signatures notarized. This agreement will be incorporated into your final divorce decree.

Step 3: Filing the Divorce Paperwork with the Court

Once the separation period is met and the PSA is signed, one spouse (the “Plaintiff”) files a packet of documents with the appropriate Circuit Court. This packet typically includes:

  • Complaint for Divorce: The official document that initiates the lawsuit and states the grounds for the divorce (i.e., separation).
  • VS-4 Form: A vital statistics form required by the state.
  • Service Documents: Paperwork to formally notify the other spouse (the “Defendant”) of the filing.

The Defendant can then file an “Answer” or a “Waiver of Service” to acknowledge the filing and confirm their agreement, which helps move the case forward smoothly.

Step 4: Finalizing the Divorce on Paper (Without a Court Hearing)

This is where the term “divorce by written affidavit” or “divorce by deposition” comes in. Instead of appearing before a judge, Virginia law allows you to submit your testimony in writing. We will prepare the necessary documents for you and a corroborating witness (a friend or family member who can confirm your separation). These documents include:

  • Affidavits: Sworn written statements from you and your witness.
  • Final Decree of Divorce: The proposed order that we draft for the judge to sign. It will incorporate your PSA.

We submit this final packet to the court for the judge’s review.

Step 5: The Judge Signs the Final Decree of Divorce

A judge reviews all the submitted paperwork to ensure it complies with Virginia law. If everything is in order, the judge will sign the Final Decree of Divorce. At that moment, your marriage is legally dissolved. The court clerk will then mail a certified copy of the signed decree to our office, and we will forward it to you. Congratulations, the process is complete.

The Virginia Amicable Divorce Blueprint: Our Firm's Practical Guide

We believe that an uncontested divorce shouldn’t be a confusing or stressful process. That’s why we developed The Virginia Amicable Divorce Blueprint. This isn’t just a set of forms; it’s our firm’s proprietary, streamlined method for guiding you from agreement to a final decree with clarity and confidence. It’s built on years of experience and is designed to be efficient, predictable, and thorough.

Here’s how our Blueprint works for you:

  1. Phase 1: The Strategic Assessment. We start with a confidential case review to ensure an uncontested divorce is the right path for you. We confirm you meet all of Virginia’s legal requirements and discuss the terms of your agreement. This is where we identify any potential red flags—like unaddressed retirement assets or vague custody terms—before they become problems. You’ll leave this phase with a clear understanding of the timeline and our flat-fee structure.
  2. Phase 2: The Ironclad Drafting Phase. This is the most critical stage. We don’t use generic, one-size-fits-all templates. Our attorneys meticulously draft a custom Property Settlement Agreement (PSA) that reflects your specific agreement and protects your interests. We use precise legal language to ensure your PSA is enforceable and covers all necessary areas, from property division to tax implications, leaving no room for future disputes.
  3. Phase 3: The Precision Filing Phase. Once your PSA is signed, our team takes over the entire filing process. We prepare the Complaint, the VS-4 form, and all other required documents. We handle the formal service of process on your spouse in the most seamless way possible. Our deep familiarity with the Circuit Courts across Virginia—from Fairfax County to Virginia Beach—means we know the local rules and file everything correctly the first time, preventing unnecessary delays.
  4. Phase 4: The Seamless Finalization Phase. We handle the final, crucial step of finalizing your divorce on paper. Our team prepares the affidavits for you and your corroborating witness and drafts the Final Decree of Divorce for the judge. We submit the complete package and manage all communication with the court. You don’t have to worry about deadlines or procedural rules. We monitor the case until the judge signs the decree, and we deliver the certified final order directly to you.

The Virginia Amicable Divorce Blueprint is our commitment to you: a predictable, professional, and reassuring process that lets you focus on moving forward.

Strategic Pathways to a Favorable Outcome

Even in an amicable divorce, certain situations require careful navigation. Understanding these specific scenarios and addressing them properly in your legal documents is the key to a truly final and fair resolution. Our experience covers the full spectrum of situations that Virginia families face.

Uncontested Divorce with Children

When children are involved, the stakes are higher. Your PSA must contain detailed provisions for their care and financial support. We help you create a comprehensive parenting plan that addresses:

  • Legal and Physical Custody: Clearly defining who makes major decisions (legal) and the day-to-day parenting schedule (physical).
  • Holiday and Vacation Schedules: Creating a clear, predictable schedule to prevent future conflicts.
  • Child Support Calculations: Ensuring the support amount complies with Virginia guidelines and addresses costs like healthcare and childcare.

Remember, a 12-month separation period is mandatory before you can file for a no-fault divorce with minor children.

Uncontested Divorce with No Children

If you don’t have minor children, the path can be faster. With a signed PSA, you only need to complete a 6-month separation period. Your focus will be primarily on financial matters, such as property division and spousal support.

Military Uncontested Divorce in Virginia

Virginia is home to a large military population, and we are well-versed in the unique challenges military families face during a divorce. We address critical issues such as:

  • Dividing Military Pensions: Applying the rules of the Uniformed Services Former Spouses’ Protection Act (USFSPA).
  • Navigating the SCRA: Understanding how the Servicemembers Civil Relief Act (SCRA) can affect divorce timelines if a spouse is deployed.
  • Jurisdictional Issues: Confirming Virginia is the proper state to handle the divorce, especially for families who have moved frequently.

Dividing Property & Debt Fairly

Virginia is an “equitable distribution” state. This means marital property and debts must be divided fairly, which doesn’t always mean a 50/50 split. Your PSA is your opportunity to decide what’s fair for you. It’s crucial to correctly identify what is marital property (acquired during the marriage) versus separate property (acquired before marriage or as a gift/inheritance) and to have a clear plan for complex assets like:

  • The marital home (selling it vs. one spouse buying the other out).
  • Retirement accounts, 401(k)s, and military or government pensions.
  • Business interests and investments.

Our attorneys ensure your agreement is specific and legally sound, protecting your financial future.

Our Team

Experienced Attorneys Who Are Here To Help You!

Criminal Defense & Family Law


Mr. SRIS Licensed in VA, MD, NJ, NY, DC
Owner & CEO – Former Prosecutor

Overcoming Common Hesitations: Your Questions Answered

It’s completely normal to have questions and feel a little hesitant, even when the process seems straightforward. Let’s address some of the most common concerns we hear from clients.

“Is a flat fee too good to be true? What’s the catch?”

There is no catch. We offer a flat fee for many uncontested divorces because the process is predictable. You’ve already handled the most unpredictable part—the negotiations. Our flat fee covers all the legal work from start to finish, so you have complete cost certainty. The only additional expenses are third-party costs like the court’s filing fee. We believe in transparency because the last thing you need right now is a surprise legal bill.

“What happens if my spouse changes their mind after we start?”

This is a valid concern. If your spouse decides to contest the divorce after you’ve filed, the case can no longer proceed as uncontested. However, the work done up to that point is not wasted. Your signed Property Settlement Agreement is a powerful legal contract that can be enforced in court. The strategic groundwork we laid will become the foundation for moving forward in a contested setting. While we always hope for continued cooperation, we are always prepared to protect your interests if the situation changes.

“This all seems so simple. Do I really need a lawyer?”

The process is simple, but the law is complex. Think of an attorney as a pilot. The flight plan is straightforward, but you want someone with experience in the cockpit who knows how to navigate, communicate with the tower (the court), and handle any unexpected turbulence. We ensure your legal documents are drafted to protect you not just for today, but for five, ten, or twenty years from now. That peace of mind is invaluable.

“I’m worried about my privacy. Will my divorce be public?”

Divorce filings are technically public records. However, an uncontested divorce avoids public courtroom drama. The details of your personal life and finances are contained within your PSA, which is filed with the court but isn’t typically something the general public would search for. The process is discreet and handled professionally and confidentially within our office.

Glossary of Common Virginia Divorce Terms

  • Plaintiff: The spouse who files the initial Complaint for Divorce.
  • Defendant: The spouse who responds to the Complaint for Divorce.
  • Property Settlement Agreement (PSA): The legally binding contract signed by both spouses that resolves all issues of the divorce. Also known as a Marital Settlement Agreement (MSA) or Separation Agreement.
  • Equitable Distribution: Virginia’s legal standard for dividing marital property and debt in a way that is fair, but not necessarily a 50/50 split.
  • Grounds for Divorce: The legal reason for the divorce. In an uncontested case, the ground is typically living separate and apart for the required period (six or twelve months).
  • Service of Process: The formal legal procedure for notifying the Defendant that the Complaint for Divorce has been filed.
  • Final Decree of Divorce: The court order signed by a judge that legally terminates the marriage.
  • Corroborating Witness: A third party (like a friend or relative) who can confirm, usually in a sworn affidavit, that you and your spouse have been separated for the required time.

Frequently Asked Questions about Uncontested Divorce in VA

While costs can vary, the Law Offices Of SRIS, P.C. is proud to offer a flat-fee structure for many uncontested divorce cases. This gives you predictability and control over your budget by covering the attorney's fees for a fixed price. The total expense will also include court filing fees, which are a separate cost paid directly to the court.

The timeline is in two parts. First, you must complete the mandatory separation period (six months if no minor children and you have a signed PSA; one year if you have minor children). Once the separation requirement is met and all paperwork is filed correctly with the court, a final divorce decree can often be obtained within one to two months, depending on the specific court's docket and caseload.

No. In the vast majority of Virginia uncontested divorce cases, you do not have to appear in court. The process is designed to be handled on paper. We prepare and file all the necessary sworn statements and testimony (via affidavit or deposition) on your behalf, allowing a judge to review and sign your Final Decree without a formal hearing.

A Property Settlement Agreement (PSA) is one of the most important documents in your divorce. It's a legally binding contract that you and your spouse sign, outlining your agreement on all issues. This includes the division of all property (houses, cars, bank accounts, retirement) and debts (mortgages, credit cards), spousal support, and, if you have children, a complete plan for custody, visitation, and child support. This document is submitted to the court and incorporated into your Final Decree.

Yes, you can. The key is meeting Virginia's residency requirement. As long as at least one of you has been a resident and domiciliary of Virginia for at least six months immediately before filing the divorce complaint, the Virginia courts have jurisdiction to grant the divorce. We can handle the logistics of properly serving your out-of-state spouse to ensure the process moves forward correctly.

Yes. Even if you have minimal assets, a PSA is still essential. It allows you to formally waive rights to things like spousal support or future claims on each other's retirement accounts. It creates a clean break and prevents future misunderstandings or legal claims. A PSA that states you have no joint property or debts to divide is still a critical part of the uncontested divorce package.

Take the First Step Towards Closure

You’ve already made the difficult decisions. Let us handle the final legal steps with the care and precision you deserve. If you are ready to finalize your divorce in a simple, cost-effective, and amicable way, our team at the Law Offices Of SRIS, P.C. is here to help.

We serve clients across the entire Commonwealth of Virginia, including Fairfax County, Prince William County, Loudoun County, Henrico County, Chesterfield County, Arlington, Virginia Beach, Norfolk, Richmond, and Alexandria.

Contact us today to begin the process. We’ll provide a confidential case assessment to confirm you are on the right track and explain how our Virginia Amicable Divorce Blueprint can give you peace of mind.

Call the Law Offices Of SRIS, P.C. at 888-437-7747 to schedule your assessment.

Disclaimer

This website provides general information only and does not constitute legal advice. The information on this page is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. Past results do not predict future outcomes.