What Is an Uncontested Divorce in Virginia?
An uncontested divorce is a type of divorce where both spouses agree on key issues before filing. In Virginia, an uncontested divorce is handled as a no-fault divorce, meaning neither spouse has to prove wrongdoing, and the divorce is based on separation and agreement rather than blame. In an uncontested divorce, spouses typically reach agreement on matters such as:
- Division of marital assets and asset division
- Spousal support or support obligations
- Child custody arrangements and parenting schedules
- Child support and other support cases
Rather than engaging in a prolonged court battle (or even a more collaborative divorce process), an uncontested divorce allows couples to resolve family law issues through a separation agreement or Marital Settlement Agreement and submit the required divorce papers to the court system for approval. This approach is commonly used by Virginia divorce lawyers to help couples finalize a divorce efficiently when agreement between the spouses already exists.
The Uncontested Divorce Process
While an uncontested divorce is simpler than other types of divorce, it is still a legal process with specific requirements under Virginia law. The uncontested divorce process generally includes:
- Meeting residency requirements and eligibility criteria
- Preparing and reviewing a separation agreement or divorce agreement
- Addressing marital assets, retirement accounts, and any high-asset divorce considerations
- Resolving child custody arrangements, support obligations, and spousal support
- Filing the divorce complaint and divorce filings with the court
- Paying the required filing fee
- Obtaining a Final Order of Divorce (divorce decree) signed by a Circuit Court Judge
- The divorce is typically finalized without a court hearing or court appearance.
Having an experienced Fairfax uncontested divorce attorney ensures that documents are prepared correctly, deadlines are met, and divorce issues are resolved efficiently the first time.
Divorce Issues We Help Resolve
At Positive Pathways, we assist with a wide range of uncontested family law matters and related practice areas, including:
- Separation Agreements and Marital Settlement Agreements
- Asset division involving marital assets and retirement accounts
- Spousal support and long-term support obligations
- Child custody arrangements and parenting plans for minor children
- Support cases involving children
- Military divorce matters involving servicemembers and military families
- High-asset divorce and complex financial considerations
- Premarital agreements and related planning
Each case is handled with care, accuracy, and attention to key issues that affect your future.
Why Work With an Uncontested Divorce Attorney?
Even when spouses agree, divorce can feel overwhelming. Uncontested divorce attorneys helps ensure that agreements are legally sound and enforceable, and that your legal right to a fair outcome is protected. Clients often seek legal services because they want:
- Peace of mind that documents are prepared correctly
- Guidance through a difficult process without unnecessary stress
- Fewer delays in divorce proceedings
- Confidence that agreements meet Virginia law requirements
- Personal attention from an experienced divorce attorney
Experience You Can Trust
Positive Pathways is a family law firm in Fairfax, Virginia, focused on helping people resolve divorce matters with efficiency and care.
About our Founder:
After years of experience litigating family law cases, Christine Hissong founded the practice to help clients move through divorce with less conflict and more certainty. She is an experienced divorce attorney who works directly with every client, providing clear legal guidance throughout the uncontested divorce process.
Christine Hissong has extensive experience handling family law cases and is recognized by Best Lawyers and Super Lawyers for her work in family law. Clients receive direct support, not hand-offs, from the first meeting to the final divorce decree.
Areas Served
Positive Pathways primarily works with clients throughout Northern Virginia, including:
- Fairfax County
- Falls Church
- Loudoun County
- Arlington County
- City of Alexandria
- Prince William County
Is Uncontested Divorce the Right Fit?
Uncontested divorce is the right fit when both spouses agree on the terms of the divorce before filing, including how to handle finances, support, and any arrangements involving minor children, and when there are no unresolved custody disputes. When agreement is in place, divorce issues can be resolved outside the court system, often with less stress and greater peace of mind.
If some key issues have not yet been resolved, an uncontested divorce may not be immediately appropriate. In those situations, Collaborative divorce or divorce mediation can offer a structured way for divorcing spouses to work through remaining family law issues with legal guidance, before turning to traditional divorce litigation.
A first meeting allows us to review your circumstances, explain your options, and determine whether an uncontested divorce in Fairfax, VA or another type of divorce, is the most appropriate path forward.
Schedule a Consultation
If you are looking for an uncontested Fairfax divorce lawyer, Positive Pathways offers clear legal services designed to reduce stress and provide peace of mind.
To schedule a consultation, complete the contact form with your first name, last name, phone number, and message. We will walk you through the first steps, explain the legal process, and help you move forward with confidence.