Blog Post
Fairfax Uncontested Divorce Lawyer: Simplifying the Divorce Process
2/8/2026
Divorce is one of life’s most challenging transitions, but not every divorce needs to be prolonged, costly, or contentious. For many families in Fairfax, an uncontested divorce offers a calmer, faster, and more respectful path forward. When both spouses agree on all major issues, the process can proceed with minimal conflict, preserving dignity and stability.
At The Irving Law Firm – Fairfax Divorce Lawyers, we guide clients through uncontested divorce with care, ensuring your decisions are legally sound, your rights are protected, and your future is secure.
What Is an Uncontested Divorce in Virginia?
An uncontested divorce occurs when both spouses agree on all key issues, including:
Division of property and debts
Spousal support (alimony)
Child custody, visitation, and support
When no disputes remain, the court’s role is largely administrative—reviewing documents and granting the final decree.
The key difference between contested and uncontested divorce is conflict. Contested cases require judges to resolve disagreements, often at significant emotional and financial cost. Uncontested divorces put control back in the hands of the spouses, allowing cooperation rather than confrontation.
Separation Requirements in Fairfax, VA
Virginia requires a period of living “separate and apart” before filing a no-fault divorce:
12 months if minor children are involved or no separation agreement exists
6 months if there are no minor children and spouses have signed a valid separation agreement
Separation doesn’t always require moving to different homes. Some couples live under the same roof for financial or parenting reasons. What matters is living separate lives: separate bedrooms, separate finances, separate routines, and a clear intent to end the marriage. Courts require documentation to prove separation.
The Role of a Separation Agreement
A separation agreement often serves as the foundation of an uncontested divorce. This written contract outlines how spouses will handle:
Property and debt division
Child custody and visitation
Child and spousal support
Use of the marital home and payment of bills
While Virginia law does not require a separation agreement to divorce, having one makes the process smoother, faster, and more predictable. Ambiguous or incomplete agreements can lead to conflict later. A Fairfax uncontested divorce lawyer ensures your agreement is clear, enforceable, and tailored to your unique situation.
The Irving Law Firm – Fairfax Divorce Lawyers
10505 Judicial Drive Suite 300
Fairfax, VA 22030
(571) 474-1990
https://www.FairfaxDivorceLawyers.com/