Uncontested Divorce Lawyer Virginia Beach, VA
Pursuing an uncontested divorce in Virginia Beach involves navigating the procedures of the Virginia Beach Circuit Court while meeting the statutory requirements under Virginia law. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and serves clients in Virginia Beach, Sandbridge, Oceana, and the surrounding communities. An uncontested divorce allows spouses who agree on all material terms—property division, spousal support, and, if applicable, child custody and support—to obtain a final decree without a contested trial. Virginia is an equitable distribution state under Va. Code § 20‑107.3, and the Circuit Court at 2425 Nimmo Parkway, Bldg 10B holds exclusive jurisdiction over divorce matters. Whether you are proceeding under the six‑month separation with a signed property settlement agreement or the one‑year separation ground, having an experienced attorney prepare your Complaint and separation documents helps protect your interests. For a consultation about your Virginia Beach uncontested divorce, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Uncontested Divorce Means in Virginia Beach
An uncontested divorce in Virginia Beach is a legal dissolution of marriage where both parties agree on all issues—property division, spousal support, and, when minor children are involved, custody, visitation, and child support. Because the parties have resolved everything in a written separation agreement, the court does not need to conduct a trial on contested matters. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, hears all divorce cases for the city and surrounding communities such as Sandbridge and Oceana. The court will enter a final decree of divorce after confirming the jurisdictional requirements and the grounds for divorce are satisfied.
Virginia law provides two main no‑fault routes to an uncontested divorce. Under Va. Code § 20‑91(9)(a), spouses may file after living separate and apart for at least one year. Alternatively, under § 20‑91(9)(b), if the couple has no minor children and has entered into a signed separation agreement, the waiting period is six months. The party filing for divorce must have been a resident and domiciliary of Virginia for at least six months preceding the filing. Once the complaint is filed and the separation period has run, a brief, often uncontested, hearing is scheduled before a commissioner in chancery or a judge, at which point the court reviews the agreement and, if it is fair and equitable, incorporates it into the final decree.
Virginia allows an uncontested no‑fault divorce after a six‑month separation when no minor children are involved and the parties have signed a separation agreement, or after a one‑year separation otherwise.
Source: Va. Code § 20‑91(9). Virginia Code § 20‑91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Uncontested Divorce Cases
Mr. Sris and his Of Counsel approach every uncontested divorce with a focus on thorough preparation of the separation agreement, known in Virginia as a property settlement agreement. The process starts with a detailed review of the couple’s assets, debts, income, and, where relevant, custody and support considerations. The team drafts the agreement to reflect the parties’ understanding while ensuring compliance with Virginia’s equitable distribution factors under Va. Code § 20‑107.3. Once the agreement is finalized and signed by both spouses, the firm prepares the Complaint for Divorce, the accompanying affidavit, and the proposed final decree.
After the statutory separation period has elapsed, the matter proceeds to an uncontested hearing at the Virginia Beach Circuit Court. Mr. Sris or an Of Counsel attorney appears on behalf of the client to present the agreement and any required testimony from a corroborating witness, who must verify the separation and the agreement’s voluntariness. Because the terms are already agreed upon, these hearings are typically brief. Throughout the process, the firm handles all communication with the court and ensures that every required document is filed correctly, helping the client move through the legal steps efficiently while protecting his or her legal rights.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., was previously a prosecutor and has concentrated his practice on family law and complex civil litigation since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of experienced Of Counsel attorneys who handle family law matters throughout Virginia. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997.
The firm’s Richmond location—at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225—serves clients in Virginia Beach, Sandbridge, and Oceana. Meetings are by appointment; call (804) 201‑9009 or the toll‑free line (888) 437‑7747 to schedule. All attorneys are accessible to answer questions and provide guidance at each stage of the uncontested divorce process.
Frequently Asked Questions
How long does an uncontested divorce take in Virginia Beach?
An uncontested divorce in Virginia Beach typically resolves in two to four months after filing, provided the statutory separation period has already been completed. The timeline depends on the court’s calendar, the thoroughness of the settlement agreement, and whether any minor children are involved. If the parties have satisfied the six‑month separation with agreement (Va. Code § 20‑91(9)(b)) or one‑year separation (Va. Code § 20‑91(9)(a)) before filing, the process moves more quickly. Once the complaint and supporting documents are filed, a hearing date is scheduled—often within a few weeks. After the judge approves the agreement and grants the divorce, the final decree is entered. For guidance specific to your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How much does an uncontested divorce cost in Virginia Beach?
The cost of an uncontested divorce in Virginia Beach includes court filing fees and attorney fees, which vary depending on the complexity of the marital estate and whether children are involved. The Virginia Beach Circuit Court filing fee for a divorce complaint and service of process by sheriff vary; additional costs may apply if a private process server or a Guardian ad Litem is needed. Attorney fees differ from case to case; many family law firms, including Law Offices Of SRIS, P.C., offer representation on a flat‑fee or tailored basis for straightforward uncontested matters. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
The filing fee and sheriff’s service fee for a divorce complaint in Virginia Beach Circuit Court vary. Contact the court for current fee schedules.
Source: Virginia Beach (City) Circuit Court. Virginia Beach Circuit Court
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Do I need a lawyer for an uncontested divorce in Virginia?
You are not legally required to hire an attorney for an uncontested divorce in Virginia, but legal guidance helps ensure your separation agreement is enforceable and that your rights are protected. Even when both spouses agree, drafting a comprehensive property settlement agreement that addresses all marital assets, debts, spousal support, and, if applicable, child custody and support requires careful attention to Virginia statutory law. A seasoned family law attorney can identify issues that might be overlooked, such as retirement account division under Va. Code § 20‑107.3(g), tax implications, or the need for a qualified domestic relations order. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What is the difference between an uncontested divorce and a contested divorce in Virginia Beach?
An uncontested divorce is one in which both spouses agree on all issues—division of property, support, custody, and visitation—and submit a signed settlement agreement to the court, whereas a contested divorce involves disputes that must be resolved through litigation. In an uncontested case, the Virginia Beach Circuit Court reviews the agreement and, if it is fair, enters the divorce without a trial. In a contested case, discovery, motions, and possibly a trial are necessary, which can take significantly longer and cost more. Choosing the uncontested route can reduce both financial and emotional strain. For more information, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I use the six‑month separation ground if we have minor children?
No; the six‑month separation ground under Va. Code § 20‑91(9)(b) is available only when the spouses have no minor children and have executed a written separation agreement. If you have minor children, you must either wait one year of separation under § 20‑91(9)(a) or rely on an applicable fault ground, such as adultery, cruelty, or desertion. The child’s best interests are governed by the factors listed in Va. Code § 20‑124.3. A lawyer can explain which ground fits your circumstances. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related Practice Areas
Fairfax County family law attorney ·
Prince William County family law lawyer ·
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Falls Church family lawyer ·
Fairfax City family law attorney
Additional Resources
Virginia Code Title 20 (Domestic Relations) ·
Virginia Beach Circuit Court ·
Virginia Judicial System
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