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An uncontested divorce in Stafford County requires a signed separation agreement and a 6-month separation (no minor children) or 1-year separation (with minor children). Law Offices Of SRIS, P.C. has 119 documented case results in Stafford County. Va. Code § 20-91 governs divorce grounds.
Virginia Divorce Law: No-Fault and Fault Grounds
Under Virginia law, a divorce can be granted on no-fault grounds (separation) or fault grounds (adultery, cruelty, desertion, felony conviction). For an uncontested divorce, the no-fault path is most common. The key statute is Va. Code § 20-91, which establishes the separation periods. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), a unique credential in family law.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
For an uncontested divorce, the specific statute is Va. Code § 20-91 (divorce grounds). A no-fault divorce under this section requires a separation agreement and the requisite waiting period. This differs from a contested divorce, which may involve fault grounds under the same code section.
For official legal text, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures, visit the Stafford County General District Court website.
Stafford County Circuit Court handles all divorce filings. For an uncontested divorce, you and your spouse must sign a property settlement agreement. The court requires one corroborating witness at the final hearing. Mediation is available but not mandatory.
- Draft and sign a property settlement agreement with your spouse.
- File a complaint for divorce at Stafford County Circuit Court (1300 Courthouse Road).
- Pay the filing fee (approximately $86) and serve your spouse.
- Attend the uncontested divorce hearing with your corroborating witness.
- Receive the final decree of divorce from the court.
In Stafford County, an uncontested divorce carries no criminal penalties, but involves court costs and attorney fees. The process is civil, not criminal.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Uncontested Divorce (No-Fault) | Civil Matter | None | Court costs (~$86 filing fee) | None | Division of marital property; potential spousal support |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a landmark achievement in Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
In Stafford County, Law Offices Of SRIS, P.C. has 119 total documented case results across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is approximately 25 miles from Stafford County Circuit Court, accessible via I-95, Route 1, and Route 17. We serve clients in Stafford, Aquia Harbour, and Brooke. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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.
How long does an uncontested divorce take in Stafford County, Virginia?
Yes. An uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree in Stafford County Circuit Court.
How much does a divorce cost in Stafford County, Virginia?
It depends. The Circuit Court filing fee is approximately $86. Additional costs include sheriff service ($12), private process server ($50-$100), and potential Guardian ad Litem fees ($500-$2,500+).
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly, not necessarily 50/50, based on 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris).
How is child custody decided in Stafford County, Virginia?
It depends. Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors. Stafford County J&DR Court handles standalone custody; Circuit Court handles custody within divorce.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery, cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.