My Spouse and I Agree on a Divorce. What Comes Next?

What Makes a Divorce Uncontested in Virginia

An uncontested divorce is one where the spouses agree on every issue the court would otherwise decide. That usually means property, debts, spousal support and, if you have children, custody, visitation and child support.

According to the Fairfax Circuit Court's guide, the most common grounds for divorce in Virginia are "no-fault" grounds. No-fault means neither spouse has to prove misconduct. The ground is that you have lived apart for the time the law requires, under Va. Code § 20-91(A)(9).

The Separation Period

• One year: the general rule. You must have lived "separate and apart without any cohabitation and without interruption" for one year.
• Six months: available only if you have no minor children together and you have signed a separation agreement.

The full period generally must pass before you file for a no-fault divorce. The Fairfax Circuit Court's divorce guide warns that a case filed too early can be dismissed. You would then have to file again and pay another fee.

People often ask whether spouses can be separated while still living in the same home. The answer turns on the specific facts. Our separation agreement guide explains what Virginia courts have looked at, and our team can review your situation with you.

The Residency Requirement

At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months before filing (§ 20-97). Special rules apply to some military members and federal employees stationed abroad.

Is Corroboration Still Required?

Not for a no-fault divorce. Virginia used to require a third person to confirm the separation. Under § 20-99, that requirement no longer applies to no-fault divorces. The Fairfax court's guide notes that a corroborating witness has not been needed in these cases since July 1, 2021.

The Separation Agreement in Virginia

A separation agreement, often called a property settlement agreement, is a written contract in which spouses settle property, debts, spousal support and the children. Virginia treats it as a marital agreement under § 20-155, and it takes effect as soon as both spouses sign it. In an uncontested divorce, the agreement is usually where the spouses record everything they have settled.

A few points matter most for an uncontested case:

• Spousal support terms carry weight. If a signed agreement is filed before the final decree, the court can order spousal support only as the agreement provides (§ 20-109(C)).
• Terms about children stay open to review. The court can approve what parents agree, and it keeps the power to change custody and child support later (§§ 20-108, 20-109.1).
• It can become part of the decree. When the divorce is granted, the court can "affirm, ratify and incorporate" the agreement into the final decree. Its terms can then be enforced like any other part of the court's order (§ 20-109.1).

Our separation agreement guide explains what an agreement usually covers, which terms can change later, what makes it enforceable, and what happens if a spouse won't sign.

If You Have Children Together

With minor children together, the one-year separation period applies, even when you agree on everything. Your agreement can set out legal custody, physical custody and a parenting schedule. The judge reviews those terms before approving them.

Child support starts from Virginia's guidelines in § 20-108.2. The guideline amount is presumed to be correct. It is based on both parents' gross incomes, the number of children, health insurance costs and work-related child care. Parents can agree to a different amount. If the court accepts it, the order must state the guideline figure and the reasons for the difference (§ 20-108.1).

Support generally continues past age 18 for a child who is a full-time high school student, not self-supporting and living at home. It lasts until the child turns 19 or graduates, whichever comes first (§ 20-124.2(C)).

Parent education seminars are required when custody, visitation or support is contested. In an uncontested case, the court can require one only if it finds good cause (§ 20-103(A)).

If you and the other parent disagree about the children, our page on facing a custody battle explains how contested cases work.

How an Uncontested Divorce Moves Through Fairfax Circuit Court

Divorces in Virginia are heard in the Circuit Court. In Fairfax County, that is the Circuit Court at 4110 Chain Bridge Road. An agreed case generally follows these steps:

1. File the complaint. One spouse, the plaintiff, files a Complaint for Divorce with the Civil Intake Division. It goes in with a VS-4 statistical form, a domestic case cover sheet and the filing fee. Fairfax also accepts new divorce cases by electronic filing.
2. Complete service. The other spouse, the defendant, must formally receive the complaint. In agreed cases, the defendant often signs an Acceptance/Waiver of Service form (CC-1406). It is signed under oath before an official authorized to administer oaths, such as a deputy clerk. Otherwise, a sheriff or private process server delivers the papers.
3. Provide the evidence in writing. When a written agreement resolves all issues in a no-fault case, evidence can be given by affidavit or deposition instead of at a hearing (§ 20-106). The affidavit covers items such as residency, the separation period, military status, children and the wish to divorce.
4. Submit the final papers. The affidavit goes in with the proposed Final Order of Divorce and the separation agreement. A confidential addendum with Social Security numbers (form CC-1426) and any name restoration order go in too.
5. Review and entry. A judge's law clerk reviews the file for the legal requirements. If everything is in order, the judge generally signs the final order.

Virginia law also allows the complaint, affidavit, proposed decree and related papers to be filed together. This works when the defendant has waived service and signed the proposed decree (§§ 20-99.1:1, 20-106(F)).

Does Either Spouse Have to Appear in Court?

Usually not, when the divorce is no-fault and fully agreed. Fairfax's guide says the judge will generally enter the final order once the written affidavit is submitted and all legal requirements are met.

A judge can still require live testimony in any divorce (§ 20-106(A)). If any issue is disputed, the case is set for trial on the contested issues.

Cost and Timeline

Filing Fees in Fairfax

The Fairfax Circuit Court fee schedule effective October 1, 2026 lists:

• $94 to file a divorce complaint.
• $119 when a former name is also restored, which includes recording fees.

Other costs vary by case. They can include sheriff or private process server fees, copies, and certified copies of the decree. If you cannot afford court costs, you can ask to proceed without paying them, using form CC-1414.

A lawyer's fees are separate from court fees. They usually depend on whether you already have a signed agreement, how complex your property and income are, and whether you have children. Our firm explains its fees before you decide to hire us.

How Long It Generally Takes

First comes the separation period of six months or one year. After filing, the Fairfax court's guide estimates two to six months for an uncontested case, even without complications. The pace depends on how quickly service is completed and on the court's review.

After the Decree: Name, Beneficiaries and Records

• Restoring a former name: a spouse who changed their name at marriage can ask the court to restore it. The court does this in a separate order when it grants the divorce (§ 20-121.4).
• Beneficiary designations: a Virginia divorce revokes many beneficiary designations in favor of a former spouse, but not all, for example where federal law controls (§ 20-111.1). Final orders in Fairfax include a notice about this.
• Certified copies: banks, agencies and, where it applies, immigration filings often ask for a certified copy of the decree.

If one spouse holds a conditional green card through the marriage, the divorce changes how the conditions are removed. Our page on divorce with a conditional green card explains that process.

Can You Handle an Uncontested Divorce Yourself?

Yes. Virginia allows people to represent themselves, which courts call proceeding "pro se." Free help includes:

• The Virginia courts' self-help site, with divorce information and links to forms.
• The Fairfax Circuit Court's Pro Se Divorce Package, which walks through each step with sample forms.
• The Fairfax Courthouse Self-Help Resource Center, in Suite 115 inside the Fairfax Public Law Library.

Court staff can give legal information, but not legal advice. A spouse without a lawyer follows the same procedures as an attorney would.

What a Lawyer Generally Does in an Agreed Divorce

• Drafts or reviews the separation agreement so it says what you agreed.
• Checks child support against the guidelines and prepares any required findings.
• Prepares the complaint, affidavit, proposed decree and any retirement division order.
• Files the papers and follows the case until the decree is entered.

A lawyer represents one spouse, not both. The other spouse may have their own lawyer review the agreement.

How First Point Can Help

First Point Law Group has served individuals and families from Fairfax since 2004. Lisa Benjamin, our lead family law attorney, and Katherine Martell, our managing partner, handle divorce matters, including uncontested divorces, in Fairfax and Northern Virginia courts. Because our firm also practices immigration law, we can look at how a divorce may affect a spouse's immigration case.

Bring these to a consultation:

• Your date of marriage and date of separation.
• Any draft or signed agreement.
• A list of assets, debts and retirement accounts, with recent statements.
• Recent pay stubs and tax returns for both spouses, if you have them.
• Your children's names and birth dates, and any existing court orders.
• Immigration documents, if either spouse's status is tied to the marriage.