Uncontested divorce
Flat-fee arrangements are available where both parties have agreed on all terms and a signed separation or property settlement agreement is in place.
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Stafford · Northern Virginia · Statewide
Virginia Divorce Lawyers
Virginia sets the clock on your divorce. We handle everything else.
Law Offices Of SRIS, P.C. has represented clients in Virginia family law matters since 1997 — uncontested and contested divorce, custody and visitation, child and spousal support, and equitable distribution of marital property, in Circuit Courts and Juvenile and Domestic Relations District Courts across the Commonwealth.
1997
Practicing since
Five
Admitted jurisdictions
Former prosecutor
Founding attorney
01 — The statutory clock
What “quickly” actually means in a Virginia divorce
This is the question most people arrive with, so we will answer it directly. Virginia law imposes a separation period before the court may enter a final decree of divorce.
One year
Living separate and apart without cohabitation and without interruption — the rule in most cases.
Six months
Where the parties have no minor children and have entered a written property settlement or separation agreement.
Va. Code § 20-91(A)(9)(a)
No attorney can shorten those periods. Any firm suggesting otherwise is describing something the statute does not permit.
What counsel can affect is the time on either side of the waiting period: how quickly a separation agreement is drafted and executed, whether the pleadings are correct the first time they are filed, whether required corroboration is in place, and whether the final decree package is complete when it reaches the Circuit Court clerk. Incomplete or defective filings are a common cause of delay, and they are avoidable.
For contested matters, the timeline depends on the court’s docket, the volume of discovery, and whether the parties reach agreement on custody, support, and property before trial. We do not forecast a completion date for a contested case.
02 — FeesWe quote fees in a written agreement
Request a fee quoteWe quote fees in a written agreement
before the engagement begins.
Contested matters
Contested divorce, custody, and support are billed hourly, with the rate and the retainer stated in the engagement agreement.
Court costs
Filing fees are set by the clerk of the Circuit Court and are separate from attorney fees.
Consultations are scheduled by request. We do not offer free consultations.
03 — Grounds for divorce
Virginia recognizes both no-fault and fault-based grounds
No-fault
Living separate and apart for the statutory period. This is the route most uncontested divorces take.
Which ground you plead affects the waiting period, the evidence you must produce, and — in some cases — the court’s analysis of spousal support and equitable distribution.
Fault-based · Va. Code § 20-91
Adultery, sodomy, or buggery
Committed outside the marriage — § 20-91(A)(1). Virginia applies a heightened evidentiary standard, and corroboration is required.
Conviction of a felony
After the marriage, with confinement for more than one year and no cohabitation after knowledge of the confinement — § 20-91(A)(3).
Cruelty, apprehension of bodily hurt, or willful desertion
§ 20-91(A)(6). A suit on these grounds may be brought after one year from the date of the act.
Fault grounds are not automatically the stronger path. They require proof, they lengthen the case, and they increase cost. We will tell you candidly whether the evidence in your matter supports pleading fault.
04 — Marital property
Equitable distribution
Virginia is an equitable distribution state, not a community property state. Under Va. Code § 20-107.3, the court classifies property as marital, separate, or part marital and part separate, determines its value, and then divides marital property according to the statutory factors — including the monetary and non-monetary contributions of each party, the duration of the marriage, the circumstances that contributed to the dissolution, and the tax consequences of the award.
Equitable does not mean equal. It means what the court determines to be fair on the statutory factors.
- Classification and tracing of separate property commingled during the marriage
- Valuation of a closely held business or professional practice
- Retirement accounts, pensions, and military retired pay, including the QDRO
- Restricted stock, stock options, and deferred compensation
- Real property, including the former marital residence
- Assets and accounts held outside the United States
- Marital debt
05 — Children and support
Custody, visitation, and support
§ 20-124.3
Custody and visitation
Virginia courts decide custody on the best interests of the child. There is no presumption in favor of either parent.
Initial determinations, joint and sole legal custody, parenting schedules, supervised visitation, emergency and temporary petitions, modification, enforcement, and interstate questions under the UCCJEA.
§ 20-108.2
Child support
A statutory guideline calculation based on the combined gross income of both parents, the number of children, and credits for health insurance and work-related child care.
The guideline figure is presumptively correct; deviation requires written findings by the court.
§ 20-107.1
Spousal support
The court considers the statutory factors — the obligations and needs of each party, the standard of living established during the marriage, the duration of the marriage, the contributions of each party, and earning capacity.
Whether to award support, in what amount, and for what duration.
06 — Military divorce
Rules that civilian divorces do not carry
Virginia’s military population makes this a recurring issue in Stafford County and across the Commonwealth.
Servicemembers Civil Relief Act — may permit a stay of proceedings where military duty materially affects the service member’s ability to appear.
USFSPA — governs whether and how a state court may treat military retired pay as marital property, and the conditions for direct payment from DFAS.
Continued benefits — eligibility for a former spouse depends on the overlap between the marriage and creditable service.
Residency and domicile — not always the same for a service member stationed in Virginia, and the answer determines where you may file.
07 — Where we appear
Circuit Courts and J&DR District Courts across Virginia
Divorce is filed in the Circuit Court of the city or county where the parties last cohabited or where the defendant resides. Custody, visitation, and support matters may originate in the Juvenile and Domestic Relations District Court.
We appear across Virginia, including Stafford County and the surrounding jurisdictions, and in Northern Virginia, the Richmond area, and the Hampton Roads region. Law Offices Of SRIS, P.C. maintains locations in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
- Stafford County
- Spotsylvania
- Prince William
- Fairfax
- Arlington
- Fauquier
- Culpeper
- Chesterfield
- Richmond area
- Hampton Roads
08 — Attorney
Mr. Sris
Owner and Founder · Former Prosecutor
Mr. Sris has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
He began his career as a prosecutor, and that experience informs how he evaluates evidence, corroboration, and the credibility questions that arise in contested family law matters — particularly in cases pleading fault grounds, where the burden of proof is the central obstacle.
Mr. Sris testified in support of Virginia House Bill 635, for which the chief patron was Delegate David Bulova.
09 — FAQ
Frequently asked questions
The statutory separation period is one year, or six months if you have no minor children and a signed property settlement agreement (Va. Code § 20-91(A)(9)(a)). After that period, an uncontested divorce turns on how quickly the paperwork is completed and how the Circuit Court clerk’s docket is running. A contested divorce takes longer, and the duration depends on the issues in dispute and the court’s calendar.
No. Virginia does not require both parties to consent. If the statutory grounds are met and proven, the court may enter a decree over one party’s objection.
No. Virginia is an equitable distribution state under Va. Code § 20-107.3. The court divides marital property according to statutory factors, which may or may not produce an equal division.
Generally yes, if you meet Virginia’s residency requirement. A marriage validly contracted where it was performed is presumptively recognized in Virginia under the principle of lex loci celebrationis. You do not need to re-prove the validity of a foreign marriage as a precondition to filing.
Flat-fee arrangements are available for uncontested matters where all terms are agreed and a separation agreement is signed. The fee is quoted in a written engagement agreement before work begins. Court filing costs are set by the clerk and are separate.
It can. Fault grounds remain available under Va. Code § 20-91, and fault may bear on spousal support and on the equitable distribution analysis. Fault also requires proof and corroboration, which adds time and cost. Whether it is worth pleading depends on the evidence in your specific matter.
Divorce is heard in the Circuit Court. Custody, visitation, and support matters may be initiated in the Juvenile and Domestic Relations District Court, with appeal to the Circuit Court.
Request a consultation.
(888) 437-7747
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