An uncontested divorce in Stafford County requires a signed separation agreement and a 6-month separation under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 119 documented case results in Stafford County. An Uncontested Divorce Lawyer Stafford County can handle the entire filing process for you.
What Is an Uncontested Divorce Under Virginia Law?
Under Va. Code § 20-91, an uncontested divorce in Virginia is a dissolution of marriage where both spouses agree on all terms — property division, spousal support, child custody, and child support — without requiring a trial. The spouses sign a property settlement agreement (separation agreement) and present it to the Stafford County Circuit Court for approval. Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily 50/50. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into Virginia divorce law.
Last verified: April 2026 | Stafford County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For an uncontested divorce, the primary statute is Va. Code § 20-91 (divorce grounds). The separation agreement itself is governed by contract law principles. A simple divorce filing lawyer Stafford County will ensure your separation agreement meets all statutory requirements under Va. Code § 20-155, which governs property settlement agreements.
For the official text of Virginia’s divorce statutes, visit the Virginia General Assembly’s legislative website. For court procedures and filing requirements, see the Stafford County General District Court website.
Stafford County Uncontested Divorce Procedure: Insider Perspective
In Stafford County Circuit Court, uncontested divorces are typically heard on the court’s uncontested docket. The court requires at least one corroborating witness to testify that the grounds for divorce exist. A no-fault divorce lawyer Stafford County will prepare your witness and ensure all paperwork is in order before the hearing date.
- Step 1: Draft the Separation Agreement. Work with your uncontested divorce lawyer to draft a property settlement agreement covering all marital assets, debts, spousal support, and child-related issues.
- Step 2: Both Spouses Sign. Both parties must sign the agreement voluntarily. Notarization is recommended but not always required.
- Step 3: Wait the Required Separation Period. Virginia requires a 6-month separation if you have no minor children and a signed agreement, or 1-year separation if you have minor children.
- Step 4: File the Complaint. Your lawyer files the divorce complaint, the signed separation agreement, and the required corroborating affidavit at the Stafford County Circuit Court, 1300 Courthouse Road, Stafford, VA 22554.
- Step 5: Attend the Uncontested Hearing. You and your corroborating witness appear before the judge. The judge reviews the agreement and, if satisfied, enters the final divorce decree.
In Stafford County, an uncontested divorce carries no criminal penalties. The primary costs are the Circuit Court filing fee of approximately $86, plus service of process fees of $12-$100.
| Issue | Classification | Timeline | Cost | Additional Requirements |
|---|---|---|---|---|
| Uncontested Divorce (No Minor Children) | No-fault | 2-4 months | $86 filing fee + service costs | 6-month separation; signed separation agreement |
| Uncontested Divorce (With Minor Children) | No-fault | 3-6 months | $86 filing fee + service costs | 1-year separation; parenting plan; child support guidelines |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Stafford County Uncontested Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. The firm has documented 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating the firm’s deep influence on Virginia family law. Our tagline — “Advocacy Without Borders” — reflects our commitment to clients across Virginia, Maryland, DC, New Jersey, and New York.
Law Offices Of SRIS, P.C. has 119 total documented case results across all practice areas in Stafford County, with a 100% favorable outcome rate. Firm-wide, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, DC, New Jersey, and New York.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Our Fairfax location is approximately 25 miles from the Stafford County Circuit Court, accessible via I-95 and Route 1.
Looking for an uncontested divorce lawyer near Stafford? We serve Stafford, Aquia Harbour, Brooke, and all surrounding communities.
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How long does an uncontested divorce take in Stafford County, Virginia?
Yes, an uncontested divorce with a signed separation agreement typically takes 2-4 months from filing to final decree in Stafford County Circuit Court.
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months; pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Stafford County Circuit Court handles all divorces. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party 119 total documented case results across all practice areas (100% favorable outcome rate)
How much does an uncontested divorce cost in Stafford County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Stafford County General District Court.
Is Virginia a community property state for uncontested divorce?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Stafford County Circuit Court (1300 Courthouse Road, Stafford, VA 22554) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in an uncontested Stafford County divorce?
It depends. Custody in Stafford County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Stafford County J&DR Court handles standalone custody. Stafford County Circuit Court handles custody within divorce cases. 119 total documented case results across all practice areas (100% favorable outcome rate)
What are the grounds for an uncontested divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Stafford County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party
Do I need a lawyer for an uncontested divorce in Stafford County?
Yes. While Virginia allows pro se divorces, having an uncontested divorce lawyer Stafford County ensures your separation agreement is legally sound, all paperwork is filed correctly, and your hearing proceeds without delays. The court requires at least one corroborating witness, and your lawyer can prepare that witness for testimony.
Virginia Divorce & Family Lawyer — our state-level hub page.
Related localities: Fairfax County Divorce Lawyer | Prince William County Divorce Lawyer
Related practice areas in Stafford County: Criminal Defense Lawyer Stafford County | Personal Injury Lawyer Stafford County
Meet our attorney: Samantha Powers — our Stafford County family law attorney.
Visit our Fairfax office location serving Stafford County.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.