Uncontested Divorce in Virginia.
When you and your spouse agree on the terms, a Virginia divorce does not have to mean a contested courtroom fight. The firm has practiced in the Commonwealth since 1997 and handles uncontested divorces under Va. Code § 20-91 — from the separation agreement through the final decree.
The intake line is staffed 24 hours a day. Attorney consultations are scheduled by appointment.
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What "uncontested" actually means in Virginia
A divorce in Virginia is uncontested when both spouses agree on every issue the court would otherwise have to decide — how property and debt are divided, whether either spouse pays support, and, where there are children, custody, visitation, and child support. There is no live dispute for a judge to resolve, and the case proceeds on the no-fault separation ground.
Uncontested does not mean "no lawyer needed." The agreement you sign becomes binding and is typically incorporated into your final decree under Va. Code § 20-109.1. The terms you accept now govern your property, your support obligations, and your parenting arrangements going forward. We review the agreement against Virginia requirements and move the matter through the court.
Do you qualify? Virginia's separation and residency rules
Virginia's no-fault ground is set by Va. Code § 20-91(A)(9)(a). The spouses must have lived separate and apart, without cohabitation and without interruption, for a continuous period.
The standard period
The default separation period for a no-fault divorce. It applies to every case that does not meet both six-month conditions — including any marriage with minor children.
The shorter path
Available only when both conditions are met:
- There are no minor children born of the parties, born of either party and adopted by the other, or adopted by both parties.
- The spouses have signed a written separation agreement (property settlement agreement).
"Living separate and apart" means you have stopped functioning as a married couple, with at least one spouse intending the marriage to be permanently over. Virginia courts have recognized this can sometimes be met under the same roof — but only with clear proof of genuinely separate lives. At least one spouse must also have been a Virginia resident and domiciliary for more than six months before filing (§ 20-97). Whether your separation date satisfies the statute is a fact-specific question we can review with you.
The separation agreement does the heavy lifting
In an uncontested divorce, the written agreement is where the real work happens. Because it is binding once signed and incorporated into the decree, the terms matter.
Property & debt
Virginia is an equitable-distribution state under § 20-107.3 — marital property and debt are divided fairly, though not always equally. In an uncontested case, the spouses set the division themselves.
Spousal support
Whether either spouse will pay support, how much, and for how long — or whether support is waived — addressed under § 20-107.1.
Children, if any
Custody and visitation are decided on the best interests of the child under § 20-124.2, applying the factors listed in § 20-124.3; child support follows the statutory guidelines. Note: minor children rule out the six-month path.
How the uncontested process works
Every case differs, but a Virginia uncontested no-fault divorce generally follows this path.
Start the conversation →Separation begins
The clock under § 20-91(A)(9)(a) starts when you stop living as a married couple, with the intent to remain apart.
The agreement is signed
The spouses resolve property, support, and — if applicable — children in a written separation agreement.
The Complaint is filed
A Complaint for divorce is filed in the Circuit Court for the appropriate Virginia city or county once the separation period is complete.
Proof of grounds
In an uncontested case, the separation ground is commonly proved by affidavit or deposition rather than a contested hearing — which often means no courtroom appearance (§§ 20-106, 20-121.02).
Final decree
The court enters the final decree of divorce, incorporating the separation agreement.
The attorney behind the firm
Illustrative imageMr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He founded the firm in 1997 and has practiced continuously since. He is admitted in five U.S. jurisdictions — Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In 2019, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of HB 635 (chief patron Del. David Bulova), addressing Va. Code § 20-107.3(g).
Frequently asked questions
Answers to what we're asked most about Virginia uncontested divorce.
Can I get an uncontested divorce in Virginia in six months?
Sometimes. The six-month separation period under Va. Code § 20-91(A)(9)(a) is available only if there are no minor children born of the parties, born of either party and adopted by the other, or adopted by both parties, and you and your spouse have signed a written separation agreement. Every other no-fault divorce requires a full year of separation.
Do we have to go to court?
Often, no. In an uncontested no-fault divorce, Virginia generally allows the separation ground to be proved by affidavit or deposition (Va. Code §§ 20-106, 20-121.02), which frequently means no courtroom appearance. Whether that applies depends on your circumstances and the practices of the particular Circuit Court.
Can one attorney represent both of us?
No. An attorney represents one party. The firm can prepare or review the separation agreement and represent one spouse through the process; the other spouse may choose to have the agreement reviewed by their own counsel.
What if we agree on most things but not everything?
Then the divorce is not fully uncontested as to the disputed issues. Many cases start with a few open issues that are resolved through negotiation, after which the matter proceeds uncontested. Where issues cannot be resolved, the disputed points are decided by the court.
How long must I have lived in Virginia to file?
At least one spouse must have been a bona fide resident and domiciliary of Virginia for more than six months before filing (Va. Code § 20-97).
What does an uncontested divorce cost?
It depends on the facts — whether there are children, the complexity of property and support, and whether an agreement already exists. We can discuss fees in a consultation rather than quote a figure that may not fit your situation.
When you and your spouse agree, the next step is getting it right.
(888) 437-7747Toll-free. The intake line is staffed 24 hours a day. Attorney consultations are scheduled by appointment.
Law Offices Of SRIS, P.C. · 4008 Williamsburg Court, Fairfax, VA 22032 · By appointment
Contacting the firm does not create an attorney–client relationship. Do not send confidential information until an attorney–client relationship has been established in writing.