Uncontested Divorce Lawyer Virginia Beach, VA
You and your spouse have reached an agreement on all issues. You want a divorce without a trial. In Virginia Beach, that means filing an uncontested divorce in the Virginia Beach Circuit Court. Law Offices Of SRIS, P.C. helps you navigate the required separation period, draft a settlement agreement, and prepare the complaint—all for a flat fee. Call (888) 437-7747 to start.
Strategy Options for Your Uncontested Divorce
When couples come to us, they often have already decided how to divide property and debts and have worked out parenting arrangements. What they need is a lawyer who can reduce that understanding to a legally sound separation agreement and shepherd the case through the Virginia Beach Circuit Court. Mr. Sris and his Of Counsel provide flat-fee representation for uncontested divorces. We prepare the complaint, the settlement agreement, and all supporting documents. Because Virginia requires a corroborating witness at the final hearing, we ensure everything is in order before you appear. For a full statutory breakdown, see our comprehensive analysis.
What to Expect During an Uncontested Divorce in Virginia Beach
The process moves in three broad stages. First, you must satisfy Virginia’s separation requirement. Under Va. Code § 20-91, a no-fault divorce is available after six months of separation if you have no minor children and have signed a separation agreement, or after one year otherwise. Second, you negotiate and sign a comprehensive property settlement agreement addressing all marital property, debts, spousal support, and any child-related matters. Third, one spouse—represented by counsel—files a complaint in the Virginia Beach Circuit Court. The court schedules a final hearing, at which a corroborating witness must testify that the separation was continuous and voluntary. Once the judge signs the final decree, the divorce is complete.
Key Considerations
Virginia is an equitable distribution state. Under , marital property is divided fairly but not necessarily equally. The court considers 11 factors, including the duration of the marriage, contributions to the acquisition of property, and the tax consequences of a proposed division. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of the equitable distribution statute—experience that informs how our firm approaches property division in uncontested cases. If children are involved, custody and support must be addressed in the separation agreement. Virginia courts apply the best interests of the child standard under Va. Code § 20-124.3, considering ten statutory factors.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. His experience includes testimony before the Virginia House Courts of Justice Committee on equitable distribution reform, and he personally handles family law matters. He is supported by a team of Of Counsel attorneys who bring over 120 years of combined legal experience between Mr. Sris and his Of Counsel and have achieved 4,739+ documented firm-wide results. Results may vary. Together, the team guides clients through uncontested divorces with efficiency and clarity.
Frequently Asked Questions
How long does an uncontested divorce take in Virginia Beach?
After meeting the separation period, an uncontested divorce in Virginia Beach can be finalized within two to four months. The exact timeline depends on the court’s calendar and the completeness of the paperwork. Virginia requires either six months of separation with a signed agreement and no minor children, or one year of separation. Once the complaint is filed, the Virginia Beach Circuit Court schedules a final hearing. As long as a corroborating witness appears and the documents are in order, the judge typically enters the final decree that same day. Complex property or pension issues may extend the timeline.
Do we need a written separation agreement?
Yes, an uncontested divorce in Virginia hinges on a written separation agreement signed by both parties. The agreement must resolve all issues: property division, debt allocation, spousal support, child custody, and child support. Without a comprehensive signed agreement, the no-fault six-month ground under Va. Code § 20-91(9)(b) is unavailable. Even when using the one-year separation ground, a settlement agreement streamlines the hearing and eliminates contested issues. Mr. Sris and his Of Counsel draft settlement agreements tailored to your situation.
Is Virginia a community property state?
No, Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly, not necessarily 50‑50. Under , the court weighs 11 factors including each spouse’s contributions, the marriage’s duration, and the tax implications of the division. Separate property—assets owned before marriage or received as a gift or inheritance—remains with the original owner. A well-drafted separation agreement gives you control over the division rather than leaving it to the judge’s discretion.
How much does an uncontested divorce cost?
The cost of an uncontested divorce in Virginia Beach includes court filing fees and legal fees, which vary based on case complexity. Law Offices Of SRIS, P.C. offers flat-fee representation for straightforward uncontested divorces. The flat fee covers preparation of the complaint, settlement agreement, and attendance at the final hearing. Court filing fees are separate and are set by the Virginia Beach Circuit Court. For a fee quote specific to your case, call (888) 437-7747.
Can we use one lawyer for both of us?
Virginia ethics rules generally do not permit one lawyer to represent both spouses in a divorce. Even when both parties agree, a single attorney cannot advise both sides due to the potential conflict of interest. Typically, one spouse retains counsel—like Law Offices Of SRIS, P.C.—to prepare all documents, while the other spouse may choose to review the agreement with independent counsel or proceed unrepresented. The lawyer’s duty runs only to the client spouse. Call us to discuss how representation works in an uncontested context.
What if we cannot agree on everything?
If you cannot reach a complete agreement, the case becomes contested. Even one unresolved issue—a dispute over a retirement account, a business valuation, or a parenting schedule—shifts the divorce from uncontested to contested. Law Offices Of SRIS, P.C. handles both uncontested and contested divorces. If negotiations stall, Mr. Sris and his Of Counsel can advocate for you in court. To explore your options, call (888) 437-7747.
Call (888) 437-7747 to schedule a consultation. Richmond Location (meetings by appointment): 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009. Serving Virginia Beach, Sandbridge, Oceana.
Also serving: Fairfax County, Fairfax City, Falls Church, Prince William County, Manassas.
Learn more: Virginia Code Title 20 (Family Law) | Virginia Beach Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.