Last updated: March 12, 2026

Uncontested Divorce at a Glance

  • Cost (as of March 2026): Deposits start at $1,500 for simple cases with no children, no property division, and no spousal support. Deposits for cases involving children start at $2,500, while deposits for cases involving retirement accounts start at $3,500. Higher deposits may be required depending on the complexity of the case and the amount of detail involved. Fees are subject to change; see the current fee schedule.
  • Requirements: Both spouses must agree on all issues. Virginia residency is required under Virginia Code § 20-97, and a qualifying separation period is required under Virginia Code § 20-91.
  • Process: Kales & Kales drafts your Marital Settlement Agreement, files your Complaint for Divorce, and submits all documents to the appropriate Virginia Circuit Court. No court appearances or office visits required.
  • Who it fits: Couples who have already resolved custody, support, property, and debt. If you still have unresolved disputes, divorce mediation may help you reach agreement first.
Important: This page provides general information about the uncontested divorce process in Virginia. It is not legal advice. Consult a qualified Virginia family law attorney about your specific situation. Contact Kales & Kales at (703) 896-7580 for a consultation.

If you and your spouse agree on every issue in your divorce, including custody, support, property division, and debt, Kales & Kales can finalize your uncontested divorce in Virginia without a single court appearance. Deposits start at $1,500. The entire process is handled remotely.

Jonathan L. Kales is a Virginia Supreme Court Certified Family Mediator and family law attorney who has handled uncontested divorces, mediation, and collaborative divorce cases across Northern Virginia for more than 20 years. He and co-counsel Amy Grillo Kales operate Kales & Kales, PLC, based in Fairfax, Virginia.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce means both spouses have reached full agreement on every issue that a court would otherwise decide: child custody and visitation, child support, spousal support, equitable distribution of property, and allocation of debts. Because no disputes remain, the court does not need to hold a hearing or make rulings on your behalf. Virginia law under Code § 20-91 permits a no-fault divorce when spouses have lived separate and apart for the required period. However, specific separation timelines and eligibility rules depend on whether minor children are involved and whether a written separation agreement is in place. An experienced Virginia family law attorney can confirm whether your situation qualifies.

In an uncontested divorce, your attorney drafts a Marital Settlement Agreement (also called a Property Settlement Agreement) that memorializes everything you and your spouse have agreed to. Once both parties sign, the agreement tells the court your divorce is uncontested, and the process typically moves quickly from there.

Uncontested divorce differs from divorce mediation and collaborative divorce in one important way: mediation and collaborative processes help you reach agreement, while uncontested divorce is the legal filing path you use after agreement already exists.

Do You Qualify for an Uncontested Divorce?

Virginia law sets specific requirements for an uncontested, no-fault divorce. While an attorney can verify your eligibility based on your individual circumstances, you may qualify if all of the following apply:

You may qualify for an uncontested divorce if:

  • You and your spouse have reached agreement on all issues relevant to your divorce, including custody, support, property, and debt. An attorney can confirm your eligibility based on your specific circumstances.
  • At least one spouse has lived in Virginia for a minimum of six months
  • You have been separated for the period required under Virginia Code § 20-91 (timelines vary based on whether you have minor children and whether a written agreement is in place)
  • Neither spouse is seeking a fault-based divorce

You do not qualify for an uncontested divorce if:

  • You and your spouse disagree on any issue (custody, support, property, debt, etc.)
  • One spouse is uncooperative or refuses to sign required documents
  • There are allegations of domestic violence or a protective order is in place
  • You need the court to make decisions on contested matters

If you are close to agreement but have unresolved issues, divorce mediation with Kales & Kales may help you bridge the gap and move toward an uncontested filing.

Uncontested Divorce Costs at Kales & Kales

Deposits for uncontested divorce services start at the amounts listed below as of March 2026. Fees are subject to change based on case complexity and are not a guaranteed flat total cost for every matter.

Deposit Situation Best Fit For
From $1,500 No children. All assets divided, all debts allocated, no spousal support. Separated for at least six months. Virginia residency met. Simple, no-children cases
From $2,500 No minor children. Spousal support and property/debt resolved. No retirement accounts to divide. Separated for at least six months. Virginia residency met. No-children cases with spousal support or property to document
From $2,500 Minor children present. Custody, visitation, child support, spousal support, and property/debt all resolved. No retirement accounts to divide. Separated for at least one year. Virginia residency met. Families with children
From $3,500 Retirement accounts or deferred compensation to divide. All other issues resolved. Separated for the required period. Virginia residency met. Cases involving retirement account division
Important: Kales & Kales, PLC can only represent one spouse in a divorce action. The firm cannot represent both parties. In an uncontested divorce, our role is to draft documentation for the client we represent based on the terms both spouses have already agreed upon.

Ready to Get Started?

Fill out the Uncontested Divorce Questionnaire or call (703) 896-7580

Kales & Kales serves clients from Fairfax County, Arlington, Loudoun, Prince William, and throughout Virginia. No office visit required.

How the Uncontested Divorce Process Works

Virginia’s uncontested divorce process follows a defined sequence. Kales & Kales handles every step on your behalf, from drafting your agreement through final submission to the court. The specific timeline for your case depends on court scheduling and how quickly both spouses complete required documents. Here is what to expect:

1

Marital Settlement Agreement Drafted

Kales & Kales drafts a comprehensive Marital Settlement Agreement (also called a Property Settlement Agreement) covering custody, visitation, child support, spousal support, property division, and debt allocation. This legally binding contract reflects the terms you and your spouse have agreed upon. Once signed by both parties, it tells the court your divorce is uncontested.

2

Complaint for Divorce Filed

After both spouses sign the Marital Settlement Agreement, Kales & Kales drafts and files a Complaint for Divorce with the court. This document formally starts the legal divorce process and includes your marriage date, separation date, residency verification, and a reference to your signed agreement.

3

Acceptance of Service Signed by Spouse

Kales & Kales sends an Acceptance of Service/Waiver of Notice form to your spouse. By signing this document, your spouse waives formal service by a sheriff and agrees that no further court notices are needed. This step avoids the cost and formality of traditional service of process.

4

Written Verification Completed

You complete and sign a Divorce Affidavit. This document verifies the essential facts of your case in writing, confirming your separation, residency, and that all matters are settled. No courtroom testimony is required.

5

Final Order of Divorce Submitted

Kales & Kales drafts and submits your Final Order of Divorce, along with the original Marital Settlement Agreement and your Affidavit, to the appropriate Virginia Circuit Court. A judge reviews and signs the order. Once signed, your divorce is final.

Throughout this process, no court appearances or office visits are required. Kales & Kales serves uncontested divorce clients from Fairfax County, Arlington, Loudoun, Prince William, and throughout the Commonwealth of Virginia.

Why Hire a Lawyer for an Uncontested Divorce?

Virginia does not require an attorney for an uncontested divorce. However, even when both spouses agree, the legal paperwork must be accurate, complete, and compliant with Virginia law and local court rules. Errors in a Marital Settlement Agreement, a Complaint for Divorce, or supporting affidavits can delay your case, result in dismissal, or leave important issues unresolved. In Fairfax County, the Circuit Court’s law clerk reviews all submitted documents for technical accuracy before scheduling finalization. A missing form or incorrect filing can stall the entire process.

An attorney-drafted Marital Settlement Agreement also carries legal weight that a DIY template may not. Your agreement addresses property rights, support obligations, and parental responsibilities that can affect you for years. Having a Virginia family law attorney review and draft these documents helps protect both parties and reduces the risk of costly revisions later. For more detail on why legal representation matters even in straightforward cases, see Why Hire a Lawyer for an Uncontested Divorce?

What Clients Say About Kales & Kales

As of March 2026, Kales & Kales holds a 5-star rating on Google with more than 50 client reviews. Here is a sample of feedback from uncontested divorce and mediation clients. All reviews are publicly available on the Kales & Kales Google Business Profile.

“We had an excellent experience working [with] Jonathan and Amy Kales. From start to finish, they made a difficult process feel [easy].”

Dana W. — Google Review

“Loved the experience of this mediation team! They helped make it a smooth and easy process!”

Sabrina E. — Google Review

“The Kales team is professional and courteous. The Zoom meetings were convenient. They provided our documents in a very timely manner.”

Beth B. — Google Review

“I had an excellent experience with Kales & Kales. They made a very difficult time and process as easy and painless as possible.”

Mike D. — Google Review

Past client results and experiences do not guarantee future outcomes. Every divorce case is different.

Important Notes About the Kales & Kales Uncontested Divorce Program

  • Kales & Kales, PLC can only represent one spouse in a divorce action, even if the divorce is uncontested. The firm cannot represent both parties.
  • Kales & Kales does not represent clients in cases involving litigation. If your divorce becomes contested, the firm may refer you to a litigation attorney.
  • The attorneys of Kales & Kales, PLC determine whether to accept a potential client for an uncontested divorce based on the facts of the case.
  • Representation begins only after a Representation Agreement is signed, the Intake Form is completed, and the required deposit is paid.

When to Talk to an Attorney About Your Options

Consider contacting a Virginia family law attorney if:

  • You believe you qualify for an uncontested divorce but want to confirm your eligibility
  • You and your spouse agree on most issues but have unresolved questions about property, support, or custody
  • You are unsure whether your separation meets Virginia’s requirements under Code § 20-91
  • You want an attorney to draft or review your Marital Settlement Agreement before signing
  • You have retirement accounts, business interests, or complex assets that need to be addressed in your agreement

Kales & Kales also offers divorce mediation and collaborative divorce for couples who need help reaching agreement before filing.

Frequently Asked Questions About Uncontested Divorce in Virginia

How long does an uncontested divorce take in Virginia?

The timeline depends on your separation period and court scheduling. Virginia law requires that spouses live separate and apart for a specific period before filing, with the timeline varying based on whether minor children are involved and whether a written agreement exists. Once all documents are filed with the court, finalization typically takes a few weeks to a few months depending on the judge’s availability. Consult an attorney about the timeline for your specific situation.

How much does an uncontested divorce cost in Virginia?

Costs vary by firm and case complexity. At Kales & Kales in Fairfax, Virginia, uncontested divorce deposits start at $1,500 as of March 2026 for simple cases with no children, no property division, and no spousal support. Deposits for cases involving children or retirement accounts typically range from $2,500 to $3,500, although can be higher. Court filing fees are separate. Visit the Kales & Kales fee page for current details.

Do I need to go to court for an uncontested divorce in Virginia?

No. Virginia allows uncontested divorces to be finalized without an in-person hearing. Kales & Kales handles uncontested divorces without requiring court appearances or office visits for clients throughout Northern Virginia. All documents can be completed and returned electronically or by mail.

What is a Marital Settlement Agreement?

A Marital Settlement Agreement (also called a Property Settlement Agreement) is a written contract between divorcing spouses. It covers child custody and visitation, child support, spousal support, division of property, and debt allocation. In an uncontested divorce in Virginia, this signed agreement tells the court that both spouses have resolved all issues. Learn more: What Is a Marital Settlement Agreement?

What is the difference between an uncontested divorce and divorce mediation?

An uncontested divorce is a legal filing path for couples who already agree on every issue. Divorce mediation is a process where a neutral mediator helps spouses negotiate and reach agreement on disputed issues. Many couples use mediation first to resolve disagreements, then file an uncontested divorce once all terms are settled. Kales & Kales offers both services in Fairfax, Virginia.

Can I file for an uncontested divorce if my spouse lives out of state?

Yes, in many cases. Virginia requires that at least one spouse has been a resident of the Commonwealth for a minimum of six months before filing. The other spouse does not need to live in Virginia. Kales & Kales handles all documents remotely, so your spouse can sign and return paperwork from anywhere. Consult an attorney to confirm your eligibility based on your circumstances.

What happens if we agree on most issues but not everything?

If you and your spouse are close to agreement but have unresolved issues, you may not yet qualify for an uncontested divorce. Kales & Kales offers divorce mediation in Northern Virginia to help couples work through remaining disputes. Once all terms are resolved through mediation, you can proceed with an uncontested filing.

Start Your Uncontested Divorce Today

Deposits from $1,500. No court appearances. No office visits.

Complete the Uncontested Divorce Questionnaire

Or call (703) 896-7580 to speak with Kales & Kales

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