An uncontested divorce in Fairfax County requires a signed separation agreement and 6-month separation (no minor children) under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1,789 documented case results in Fairfax County. An Uncontested Divorce Lawyer Fairfax County can guide you through the process efficiently.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
What Is an Uncontested Divorce in Fairfax County?
An uncontested divorce in Fairfax County occurs when both spouses agree on all terms — property division, spousal support, child custody, and child support — without requiring a trial. Under Va. Code § 20-91, Virginia offers no-fault divorce grounds: a 6-month separation period if you have no minor children and a signed separation agreement, or a 1-year separation if you have minor children. The Fairfax County Circuit Court handles all divorce filings. A simple divorce filing lawyer Fairfax County can help you prepare the required paperwork, including the complaint for divorce, property settlement agreement, and final decree of divorce. The court requires at least one corroborating witness to testify at the uncontested hearing, which typically lasts 10-15 minutes. Filing fees include approximately $86 for the divorce complaint and $12 for sheriff service of process. A no-fault divorce lawyer Fairfax County can explain how the 6-month or 1-year separation requirement applies to your specific situation.
Statutory Framework for Uncontested Divorce in Fairfax County
Virginia law provides specific grounds for divorce under Va. Code § 20-91. For an uncontested no-fault divorce, you must prove either: (A) living separate and apart without cohabitation for 6 months with a signed separation agreement and no minor children, or (B) living separate and apart for 1 year if minor children are involved. The Fairfax County Circuit Court requires a corroborating witness — someone who can testify that the separation period has been satisfied. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3 (equitable distribution statute), demonstrating deep familiarity with Virginia family law. An Uncontested Divorce Lawyer Fairfax County can ensure your separation agreement meets all statutory requirements.
External Legal Resources for Fairfax County Divorce
For official Virginia divorce statutes, visit the Virginia Legislative Information System (Va. Code § 20-91). For Fairfax County Circuit Court procedures, check the Fairfax County General District Court website.
- Step 1: Draft a Separation Agreement — Work with an Uncontested Divorce Lawyer Fairfax County to draft a full property settlement agreement covering all marital assets, debts, spousal support, and child-related issues.
- Step 2: Satisfy the Separation Period — Live separate and apart for 6 months (no minor children) or 1 year (with minor children) while the agreement is in effect.
- Step 3: File the Complaint for Divorce — File the complaint at Fairfax County Circuit Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) with the signed separation agreement attached.
- Step 4: Arrange a Corroborating Witness — Identify someone who can testify about the separation period. This cannot be either spouse.
- Step 5: Attend the Uncontested Hearing — Appear at the brief hearing (10-15 minutes) where the judge reviews the agreement and enters the final decree of divorce.
In Fairfax County, an uncontested divorce with a signed separation agreement typically resolves in 2-4 months from filing to final decree, with filing fees starting at approximately $86.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault divorce (6-month separation, no minor children) | Civil proceeding | None | $86 filing fee | None | Corroborating witness required |
| No-fault divorce (1-year separation, minor children) | Civil proceeding | None | $86 filing fee | None | Child custody and support must be addressed |
| Fault-based divorce (adultery, cruelty, desertion) | Civil proceeding | None | $86 filing fee | None | Proof required; no waiting period for adultery |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3 (equitable distribution statute), providing unique insight into Virginia divorce law.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Uncontested Divorce in Fairfax County
How long does an uncontested divorce take in Fairfax County, Virginia?
Yes, an uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree in Fairfax County Circuit Court. Contested divorces take 9-18 months. The 6-month or 1-year separation period must be completed before filing.
How much does an uncontested divorce cost in Fairfax County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process servers charge $50-$100. Mediation costs $100-$300 per hour per party. An Uncontested Divorce Lawyer Fairfax County can provide fee estimates.
Is Virginia a community property state for divorce?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property is excluded from division.
How is child custody decided in an uncontested divorce in Fairfax County?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role and the child’s relationship with each parent. Fairfax County J&DR Court handles standalone custody matters.
What are the grounds for an uncontested divorce in Virginia?
No-fault grounds: 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children). Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment).
Do I need a corroborating witness for an uncontested divorce in Fairfax County?
Yes. Virginia requires at least one corroborating witness who can testify about the separation period. This witness cannot be either spouse. A simple divorce filing lawyer Fairfax County can help you identify and prepare an appropriate witness.
Can I get a no-fault divorce in Fairfax County without a separation agreement?
It depends. For a 6-month no-fault divorce, you must have a signed separation agreement. For a 1-year no-fault divorce, you can proceed without an agreement, but the court will decide property division and support issues. A no-fault divorce lawyer Fairfax County can advise on your options.
What happens at the uncontested divorce hearing in Fairfax County Circuit Court?
The hearing typically lasts 10-15 minutes. The judge reviews your separation agreement, hears testimony from you and your corroborating witness about the separation period, and enters the final decree of divorce if all requirements are met.