An uncontested divorce is the fastest, least expensive, and least adversarial way to dissolve a marriage in Virginia. When both spouses agree on the core terms — property division, support, debt allocation, and (if applicable) custody and child support — the divorce can be resolved without the cost, delay, or stress of a contested proceeding.
Randall J. Borden has handled uncontested divorces for Northern Virginia and Maryland clients for more than thirty years. We represent clients statewide for uncontested matters, with offices in Fairfax and direct access to the Fairfax, Loudoun, Prince William, Arlington, and Alexandria courts.
What Is an Uncontested Divorce?
An uncontested divorce is a divorce in which both spouses have agreed — either on their own or with the help of counsel — on every material issue. There is no trial, no contested hearing, and no judge deciding the terms of the divorce. The parties present the agreed terms to the court, and the court enters a final decree incorporating them.
Uncontested status requires agreement on:
- Grounds for divorce (typically no-fault);
- Division of marital property and debts;
- Treatment of retirement accounts and any QDROs;
- Spousal support — amount, duration, or waiver;
- Child custody and visitation, if there are minor children;
- Child support;
- Health-insurance coverage and tax allocations.
Requirements for an Uncontested Divorce in Virginia
Residency
At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months immediately before filing.
Separation Period
Virginia requires a separation period before a no-fault divorce can be granted:
- One year if there are minor children of the marriage;
- Six months if there are no minor children and the parties have signed a written separation agreement.
The separation must be continuous, without cohabitation, and with at least one spouse intending the separation to be permanent.
Property Settlement Agreement
The cornerstone of every uncontested divorce is a Property Settlement Agreement (PSA) — a written contract that resolves every issue between the parties. The PSA is incorporated into the final decree and is binding for life. Mistakes in a PSA are very hard to undo after the decree is entered, which is why having counsel review or draft the agreement matters.
The Uncontested Divorce Process
Step 1: Initial Consultation and Strategy
We review your facts, confirm uncontested status is feasible, and discuss the major terms of the agreement.
Step 2: Negotiate and Draft the PSA
We draft the Property Settlement Agreement reflecting the agreed terms. The PSA addresses property, debt, support, custody, taxes, health insurance, and dispute-resolution mechanisms.
Step 3: Execute the Agreement
Both spouses sign the PSA. Each spouse should have independent counsel review it before signing.
Step 4: File the Complaint
After the statutory separation period, we file the divorce complaint in the appropriate circuit court. Service is typically waived in uncontested matters.
Step 5: Affidavit Hearing or Ore Tenus
Most Northern Virginia circuits allow uncontested divorces to proceed by affidavit, eliminating the need for an in-person hearing. Some judges still require a brief ore tenus (sworn-testimony) hearing.
Step 6: Entry of Final Decree
The court enters a final decree of divorce that incorporates the PSA. The divorce is final on the date of entry.
Timeline: How Long Does an Uncontested Divorce Take?
Once the statutory separation period is satisfied, an uncontested divorce in Northern Virginia typically takes three to six months from filing to final decree. Drafting and executing the PSA can usually be completed in two to four weeks. The court’s scheduling and docket are the largest variable in total timeline.
Cost of an Uncontested Divorce
Uncontested divorces are substantially less expensive than contested matters. The total cost is driven by:
- The complexity of the marital estate (more assets, more drafting);
- Whether there are minor children;
- Whether retirement-account QDROs need to be prepared;
- Whether real-estate transfers are required.
We provide a candid cost estimate at the initial consultation.
Why You Should Still Have an Attorney for an Uncontested Divorce
A Property Settlement Agreement is binding for life. Common mistakes in self-drafted agreements include:
- Failing to include all retirement assets or to properly characterize them;
- Ambiguous spousal-support language — modifiable or non-modifiable, when it terminates, escalators;
- Unclear custody provisions that lead to disputes within months;
- Missing tax provisions on dependency exemptions and support deductibility;
- Failing to address health-insurance continuation;
- Inadequate dispute-resolution language for post-decree disagreements.
These mistakes are expensive to fix and sometimes cannot be undone. The cost of an attorney is almost always a small fraction of the cost of getting it wrong.
Statewide Uncontested Divorce Representation
Although our office is in Fairfax, we represent uncontested-divorce clients throughout the Commonwealth of Virginia. Most uncontested filings can be completed remotely with electronic signatures and affidavit-based hearings.
Schedule an Uncontested Divorce Consultation
Call 703-385-8722 or request a confidential consultation. Initial consultation with the attorney — not delegated to an associate or intake specialist.