Flat Fee Uncontested Divorce Lawyer Fairfax — What Are Your Options?
A flat fee uncontested divorce lawyer Fairfax can provide a predictable cost for ending your marriage when both parties agree on all terms. Under Virginia law, you may file for a no-fault divorce after a 6-month separation with a signed agreement or a 1-year separation. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia Uncontested Divorce Law
Virginia provides a path for an uncontested divorce, also known as a “no-fault” divorce, when spouses have lived separately for a statutorily defined period and have resolved all issues. The primary statute governing divorce grounds is Va. Code § 20-91. For an uncontested divorce, you must meet the separation requirement: six months if you have no minor children and a signed property settlement agreement, or one year if you have minor children. All matters—property division, debt allocation, spousal support, and if applicable, child custody and support—must be agreed upon in a written settlement. This agreement is then presented to the court for approval, allowing the divorce to be finalized without a trial.
Official Legal Resources
For the full text of Virginia’s divorce statutes, review Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For local forms and procedures, visit the Fairfax County Circuit Court website.
The Fairfax County Uncontested Divorce Process
In Fairfax County, an uncontested divorce typically follows a standardized path through the Circuit Court. The process begins with drafting and signing a full separation agreement that addresses all marital issues. One party then files a Complaint for Divorce with the Circuit Court. Because the case is uncontested, the other spouse waives service and files an Answer agreeing to the terms. After the mandatory separation period has passed, the plaintiff can request a final hearing. At this brief hearing, a judge reviews the paperwork and, if everything is in order, enters the Final Decree of Divorce.
- Draft and sign a detailed Property Settlement Agreement covering all assets, debts, and support.
- File the Complaint for Divorce and other required forms with the Fairfax Circuit Court clerk.
- Ensure proper service or waiver of service is completed by the other spouse.
- Wait for the mandatory separation period (6 months or 1 year) to be fully met.
- Schedule and attend a final uncontested hearing before a judge to obtain the decree.
Potential Outcomes in an Uncontested Divorce
In Fairfax County, an uncontested divorce results in a final decree that legally ends the marriage and incorporates the terms of your signed agreement, with court costs typically under $100.
| Issue | Outcome in Agreement | Court’s Role |
|---|---|---|
| Property Division | As defined in the signed agreement | Approves if not unconscionable |
| Debt Allocation | As defined in the signed agreement | Approves if not unconscionable |
| Spousal Support | Agreed amount and duration, or waiver | Approves if not unconscionable |
| Child Custody/Visitation | Agreed parenting plan | Approves if in child’s best interest |
| Child Support | Amount per VA guidelines or agreed deviation | Must review for guideline compliance |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Fairfax Divorce
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the law governing your case. We focus on providing clear, efficient representation for uncontested matters, ensuring your paperwork meets all court requirements to avoid unnecessary delays.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Experience
Our firm has a documented record of 1,789 case results in Fairfax County across all practice areas. In family law, our goal is to help clients achieve efficient, agreed-upon resolutions. For instance, we have successfully guided numerous clients through the uncontested divorce process in Fairfax Circuit Court, ensuring their separation agreements are thorough and their filings are accepted without issue. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex family law matters is Mr. Sris, the firm’s founder and a former prosecutor who has practiced in Virginia for decades.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Phones 24/7/365. Office by appointment only.
Our Fairfax location serves clients at the Fairfax County courts. We are a flat fee uncontested divorce lawyer Fairfax residents can consult for a simple divorce filing. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
FAQs: Uncontested Divorce in Fairfax
What is a flat fee uncontested divorce?
Yes. A flat fee uncontested divorce is a legal service where the lawyer charges a single, predetermined amount to handle all aspects of a divorce where both spouses agree on every issue, including property, debts, and child-related matters.
How long does an uncontested divorce take in Fairfax County?
Typically 2-4 months from filing to final decree, provided the mandatory separation period (6 months or 1 year) has already been completed and all paperwork is correctly filed with the Fairfax County Circuit Court.
What is the difference between contested and uncontested divorce?
An uncontested divorce means both spouses agree on all terms. A contested divorce means one or more issues are disputed and may require litigation, negotiations, or a trial to resolve, which takes significantly longer and costs more.
Do I need a lawyer for an uncontested divorce in Virginia?
It depends. While not legally required, a simple divorce filing lawyer Fairfax can ensure your agreement is legally sound and your court filings are complete, preventing costly errors or rejections that delay the process.
What are the grounds for a no-fault divorce in Virginia?
A no-fault divorce lawyer Fairfax will explain the grounds are separation: living apart without cohabitation for six months (with a signed agreement and no minor children) or one year (with minor children), as defined in Va. Code § 20-91(A)(9).
Can I get a divorce if my spouse does not sign the papers?
If your spouse will not sign a waiver or agreement, the divorce becomes contested. You would need to have them formally served with the divorce complaint, and the case would proceed as a contested matter, which changes the legal strategy and costs.
Internal Resources
For more information, visit our Virginia Family Law hub page. We also assist with criminal defense in Fairfax and DUI defense in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.