In Fairfax County, an uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1,789 documented case results firm-wide. 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)
Statutory Definition of Uncontested Divorce in Fairfax County
An uncontested divorce in Virginia means both spouses agree on all terms — property division, spousal support, child custody, and child support — typically through a signed property settlement agreement. Under Va. Code § 20-91, Virginia requires a 6-month separation period if there are no minor children and the couple has a signed separation agreement, or a 1-year separation if minor children are involved. The Fairfax County Circuit Court handles all divorce filings. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997 and a former prosecutor, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique authority in Virginia family law.
External Citation Links
For the official divorce statute, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing information, visit the Fairfax County General District Court website.
Insider Procedural Edge for Fairfax County Uncontested Divorce
Fairfax County Circuit Court requires at least one corroborating witness for an uncontested divorce hearing. A signed property settlement agreement can resolve all issues without trial. Mediation is available but not mandatory in Virginia.
- Draft and sign a property settlement agreement covering all issues.
- File a complaint for divorce at Fairfax County Circuit Court.
- Serve the complaint on your spouse or obtain a signed waiver.
- Wait the required separation period (6 months or 1 year).
- File a final decree and schedule a hearing before the judge.
- Attend the hearing with your corroborating witness.
In Fairfax County, an uncontested divorce carries no jail time, but court costs include an $86 filing fee plus service fees of $12-$100.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce | Civil Proceeding | None | Court costs: ~$86 filing fee | None | Separation period required; property division finalized |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas firm-wide across VA, MD, NJ, NY, and DC, with a 97% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating the firm’s deep influence on Virginia family law.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
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 takes 2-4 months from filing to final decree. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does an uncontested divorce cost in Fairfax County, Virginia?
It depends. The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12, while a private process server ranges from $50-$100. Additional costs may include a Guardian ad Litem ($500-$2,500+) and mediation ($100-$300/hour per party).
Is Virginia a community property state?
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 (pre-marriage, inheritance, gifts) is excluded.
What are the grounds for an uncontested divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment). Filed at Fairfax County Circuit Court.
Do I need a lawyer for an uncontested divorce in Fairfax County?
It depends. While you can file pro se, an Uncontested Divorce Lawyer Fairfax County ensures your property settlement agreement is legally sound and that all court procedures are followed correctly, preventing costly delays or errors.