Drafting the PSA
The full property settlement agreement built from your facts: property, debts, support, custody, taxes, and the final mutual releases.
The Centerpiece DocumentMonday - Friday9AM - 5PM
OfficesFairfax | Manassas | Fredericksbug
Uncontested Divorce · Virginia
When both of you agree, Virginia gives you the cleanest path.
Often without ever appearing in court.
An uncontested divorce is one where you and your spouse have settled every issue in writing. It is the fastest, quietest, and most predictable path through the Virginia system, and we walk you through it.
First call is a conversation, not a commitment.
What "Uncontested" Actually Means
Uncontested does not mean there is nothing to decide. It means every decision was made by you, not the court.
§ 20-91(A)(9)(a)
The Virginia no-fault
divorce statute
divorce statute
Separation-based ground
6 mo
Minimum separation if no
minor children + signed PSA
minor children + signed PSA
Shortest path
12 mo
Minimum separation if
any minor children are involved
any minor children are involved
Standard path
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
The Math of an Uncontested Divorce
Two separation paths, same legal outcome.
Virginia's no-fault statute gives uncontested couples two timelines. Which one applies to you turns on whether there are minor children, and whether you have a signed property settlement agreement.
Path 01 · Shortest
6 months
The 6-Month Path
For couples with no minor children who have a signed PSA.
When it fitsNo minor children of the marriage, and a signed property settlement agreement.
SeparationLiving separate and apart, without interruption and without cohabitation, for at least six months.
Then fileComplaint for Divorce can be filed after the six-month mark, supported by the PSA.
Va. Code § 20-91(A)(9)(a)
Path 02 · Standard
12 months
The 12-Month Path
For couples with minor children, with or without a signed PSA.
When it appliesAny uncontested divorce involving minor children of the marriage.
SeparationLiving separate and apart, without interruption and without cohabitation, for at least twelve months.
The PSAA signed agreement covering custody, support, and property is what keeps the case uncontested at filing.
Va. Code § 20-91(A)(9)(a)
The Document That Drives Everything
What your Property Settlement Agreement actually has to cover.
The PSA is the document that turns a contested divorce into an uncontested one. To do its job, it has to address every issue arising from the marriage. Miss one, and you have left something for the court to decide.
Real Estate & Marital Home
Vehicles
Bank Accounts
Investment Accounts
Retirement & Pensions
Personal Property
Joint Debts
Credit Card Allocation
Spousal Support or Waiver
Child Custody
Parenting Schedule
Child Support
Health Insurance
Life Insurance
Tax Filing & Exemptions
Final Mutual Releases
Why this is the part to get right. A PSA is a contract you will live with. Once signed and merged into the final decree, fixing a mistake usually means going back to court. We draft and review PSAs every week, and we know where the quiet problems hide.
The Quiet Option Most People Do Not Know About
Divorce by affidavit: no court appearance required.
For most uncontested no-fault divorces in Northern Virginia, neither you nor your spouse needs to step inside a courthouse. The whole thing can run on paper, signed in our office and submitted to the judge.
How It Actually Works
Sign at our office. The judge does the rest.
Under Virginia law, uncontested no-fault divorces can proceed by written depositions or affidavit rather than by a courtroom hearing. The pleadings, affidavits, and final decree are prepared by counsel, signed before a notary, and filed with the court.
The judge reviews the file in chambers and signs the decree. You can finalize a Virginia divorce without ever taking time off work, walking through a courthouse, or testifying. This is the standard practice in Fairfax County, Prince William County, and most other Northern Virginia circuits.
Va. Code § 20-106 · local circuit court rules
What We Handle
Every part of a Virginia uncontested divorce.
From drafting the agreement to filing the final decree, here is the work we take on, grouped to make it easier to find what fits.
01 /
Building the agreement.
Property & Debt Terms
Real estate, vehicles, accounts, retirement, and joint debts allocated cleanly so nothing is left ambiguous after the decree.
Equitable DistributionCustody & Parenting
Legal and physical custody, the parenting schedule, holidays, exchanges, and communication rules. Written clearly enough that nobody is guessing.
For Families With KidsSupport Provisions
Spousal support amount and duration (or waiver), child support amount and terms, modification language, and the right safeguards.
Va. Code §§ 20-107.1, 20-108.2Insurance & Tax
Health and life insurance, beneficiary designations, dependency exemptions, and how the tax filing status is handled in transition years.
Often ForgottenAgreement Review
If your spouse's attorney drafted the agreement, we review every clause before you sign. Once signed, fixing it is hard.
Independent Review
02 /
Filing and finalizing.
Filing the Complaint
Drafting and filing the Complaint for Divorce in the correct Virginia circuit court, with the right residency facts and statutory grounds.
First Court FilingService & Waiver
Coordinating either formal service of process or, more commonly in uncontested cases, a signed waiver of service from your spouse.
Notifying the Other SideDivorce by Affidavit
Preparing and notarizing the written affidavits and depositions that let the court grant your divorce without a hearing.
Va. Code § 20-106Required Witnesses
Where required, identifying and preparing the corroborating witness whose affidavit confirms your separation date and grounds.
CorroborationFinal Decree
Drafting the final order of divorce that the judge signs, with all the terms of your PSA either incorporated or merged into the decree.
The Last StepAfter the Decree
Deed transfers, retirement-account QDROs, beneficiary updates, and the other follow-up steps that turn your decree into real-world results.
Implementation
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
A few honest things about the uncontested path.
"Uncontested looks like the simple option. The agreement is what makes it simple. Get that right, and the rest is paperwork."
-
1
Uncontested is a destination, not a path
People sometimes choose between mediation, collaborative, and uncontested as if they are three separate things. They are not. Mediation and collaborative are paths. Uncontested is the destination they are both trying to reach. Pick the right path for your situation, and you land here.
-
2
Do not draft your own agreement
Online PSA templates and "uncontested divorce kits" are everywhere. Almost every one we have reviewed has a quiet problem: a missing clause, the wrong tax language, no QDRO language, no clear retention provisions. The cost of fixing those problems years later dwarfs the cost of doing it right the first time.
-
3
If you have minor children, the math is twelve months
Many couples are surprised that the six-month path is closed to them. If you have minor children, you are on the twelve-month timeline regardless of how friendly the divorce is. Use that time to build the strongest agreement you can.
Why Families Trust Us
Built on experience, expertise, and a real track record.
Uncontested only looks easy when it is done right. Here is what we bring to your case.
Experience
50+
Years Combined
Decades of Virginia family law work, including hundreds of uncontested divorces filed cleanly and efficiently.
Expertise
100%
Family Law Focus
We draft and file uncontested divorces every week. We know the local circuit court procedures cold.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Trust
5★
Verified Reviews
Real reviews from real Virginia families we have stood beside.
Recognition
Honored by clients and peers, year after year.
★★★★★
"From start to finish, the process was clear, calm, and faster than I expected. I never set foot in a courtroom. They handled every detail."
Verified Client Review
In Their Own Words
Reviews from families we have stood beside.
Read what families across Northern Virginia have shared about working with our attorneys.
Questions Families Actually Ask
Plain answers about Virginia uncontested divorce.
These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is an uncontested divorce in Virginia?
An uncontested divorce in Virginia is one where you and your spouse agree on every issue arising from the marriage, including property division, debts, spousal support, child custody, child support, and any other related matter. The terms are written into a property settlement agreement (PSA) signed by both parties. Uncontested is the outcome, not the path. You can reach it through direct negotiation, mediation, or a collaborative process.
How long do I have to be separated for an uncontested divorce in Virginia?
Under Va. Code § 20-91(A)(9)(a), an uncontested no-fault divorce requires you and your spouse to have lived separately and apart, without interruption and without cohabitation, for at least one year. If you have no minor children and a signed property settlement agreement, that period drops to six months. The separation must be continuous through the date of filing.
Do I have to go to court for an uncontested divorce in Virginia?
In many Virginia uncontested divorces, neither party has to appear in court. Virginia allows divorce by affidavit and written depositions, where the case is decided on documents the lawyers file with the court. The procedure depends on local circuit court rules and is most common in jurisdictions like Fairfax County, Prince William County, and other Northern Virginia courts. We handle this routinely.
What goes in a property settlement agreement?
A property settlement agreement covers every issue arising from the marriage. Typical sections include: division of real estate, vehicles, bank accounts, investments, and personal property; allocation of debts; spousal support amount and duration (or waiver); child custody and parenting schedule; child support amount and terms; tax filing and dependency exemptions; health insurance and life insurance; retirement account division; and final mutual releases.
How long does an uncontested divorce take in Virginia?
A Virginia uncontested divorce typically takes 30 to 90 days from the filing date to the final decree, once the separation period and residency requirements are met. The exact timing depends on the local circuit court, whether the case proceeds by affidavit or hearing, and how quickly the paperwork is completed and signed. The longest part is usually the separation period itself, not the court process.
When You Are Ready
A divorce that just gets done.
Tell us where you are. We will walk you through whether you qualify for the six-month or twelve-month path, draft your agreement, and file your divorce, often without you ever stepping into a courtroom.