Virginia Beach Uncontested Divorce Lawyer — How to File a Simple Divorce
An uncontested divorce in Virginia Beach is a no-fault divorce where both spouses agree on all terms, governed by Va. Code § 20-91. This simple divorce filing requires a signed separation agreement and a 6-month or 1-year separation period. Law Offices Of SRIS, P.C. provides clear guidance for this streamlined process.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Uncontested Divorce Law
Virginia law provides a path for an uncontested, no-fault divorce when spouses have lived separate and apart without cohabitation for a specified period. Under Va. Code § 20-91(A)(9), the required separation is six months if you have a signed property settlement agreement and no minor children. If you have minor children, the separation period is one year. This legal framework allows for a simple divorce filing when both parties are in agreement on property division, debts, and, if applicable, child custody and support. The process is handled by the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway.
Official Legal Resources
For the full text of Virginia’s divorce statutes, review Title 20, Chapter 6 of the Virginia Code. For court-specific forms and filing information, visit the Virginia Beach Circuit Court website.
The Virginia Beach Uncontested Divorce Process
Filing an uncontested divorce in Virginia Beach involves a defined procedural path. The key is a full separation agreement that resolves all marital issues. In Virginia Beach Circuit Court, judges review these agreements to ensure they are fair and legally sufficient before entering a final decree.
- Draft and sign a full property settlement agreement (separation agreement) with your spouse, addressing all assets, debts, and support issues.
- File a Complaint for Divorce with the Virginia Beach Circuit Court Clerk’s Office, paying the required filing fee.
- Serve the divorce complaint on your spouse via a sheriff or process server, unless they sign a waiver of service.
- After the mandatory separation period has passed, file a motion for final decree along with supporting affidavits.
- Attend a brief uncontested hearing before a judge, if required, to answer basic questions about the agreement.
- Receive the judge’s signed Final Decree of Divorce, legally ending the marriage.
What to Expect in an Uncontested Divorce
In Virginia Beach, an uncontested divorce typically costs between the court filing fees and legal assistance, with the process taking 2-4 months after filing if all paperwork is correct.
| Component | Typical Outcome | Notes |
|---|---|---|
| Filing Fee | ~$86 | Virginia Beach Circuit Court filing cost for the initial complaint. |
| Service of Process | ~$12 – $100 | Sheriff service fee or private process server cost. |
| Total Legal Cost | Varies | Depends on complexity of assets and need for legal drafting. |
| Timeline | 2-4 months post-filing | Begins after the mandatory 6-month or 1-year separation is complete and filing occurs. |
| Court Appearance | Often waived | Many judges grant decrees based on affidavits without a hearing. |
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Family Law Experience
Law Offices Of SRIS, P.C., founded in 1997, brings extensive experience to family law matters in Virginia Beach. Our firm’s founder, Mr. Sris, personally contributed to amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into the property division laws that underpin many separation agreements. We focus on providing clear, efficient guidance for uncontested divorces, helping clients handle the Virginia Beach court system to achieve a timely resolution.
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
Case Results in Virginia Beach
Our firm has documented 8 case results in Virginia Beach across all practice areas. For uncontested divorces, favorable outcomes include the timely approval of separation agreements and entry of final decrees by the Virginia Beach Circuit Court. Mr. Sris, our managing attorney with a background as a former prosecutor, oversees our firm’s strategic approach to family law.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Uncontested Divorce Lawyer
Our Richmond location serves clients with Virginia Beach family law matters. We are accessible via I-64 and Route 44. Serving Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Virginia Beach Uncontested Divorce FAQs
How long does an uncontested divorce take in Virginia Beach?
It depends. After the mandatory separation period (6 months or 1 year) is complete, the court process typically takes 2-4 months from filing to final decree if all paperwork is correctly submitted to the Virginia Beach Circuit Court.
How much does a simple divorce filing cost in Virginia Beach?
The Virginia Beach Circuit Court filing fee is approximately $86. Additional costs may include service of process fees ($12-$100) and legal assistance for drafting the separation agreement. A simple divorce filing lawyer Virginia Beach can provide a specific cost estimate based on your assets.
Do I need a lawyer for an uncontested divorce in Virginia?
No, but it is often advisable. A lawyer ensures your separation agreement is legally sound and addresses all required issues, preventing future disputes or court rejections. This is especially important for dividing retirement accounts or real estate.
What is the difference between contested and uncontested divorce?
An uncontested divorce means both spouses agree on all terms (property, support, custody). A contested divorce means they disagree on one or more issues, requiring litigation, which takes longer and costs significantly more.
What are the grounds for a no-fault divorce in Virginia Beach?
The sole no-fault ground is living separate and apart without cohabitation for six months (with a signed agreement and no minor children) or one year (with minor children). A no-fault divorce lawyer Virginia Beach can file based on this separation period.
Can I get an uncontested divorce if my spouse lives in another state?
Yes, if you meet Virginia’s residency requirements (at least one spouse must be a resident for six months before filing). Your spouse can sign the separation agreement and waiver of service from out of state, allowing the Virginia Beach court to proceed.
Related Legal Services in Virginia Beach
If your divorce involves complex assets, you may need a Virginia Beach criminal defense lawyer for unrelated matters, or explore other local services. For broader Virginia family law information, see our Virginia divorce lawyer hub page. We also assist clients in neighboring areas like Henrico County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your uncontested divorce in Virginia Beach.