Occoquan, Virginia · Uncontested Divorce
When both spouses agree, an uncontested divorce in Virginia is a calm, orderly process, and most of it happens on paper. There is usually no courtroom showdown. Let me walk you through the actual steps, from the separation agreement to the final decree, so you know what to expect from start to finish.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on the uncontested process.
Step one: meet the separation requirement
A no-fault divorce, the usual basis for an uncontested case, requires living separate and apart under Va. Code § 20-91(A)(9): six months if you have no minor children and a signed agreement, or a year otherwise. One spouse also needs to meet the six-month residency requirement under Va. Code § 20-97. The clock is the first thing to confirm.
Step two: sign a complete agreement
The heart of an uncontested divorce is a written settlement agreement, enforceable under Va. Code § 20-155, that resolves everything: property, debts, support, and, if you have children, custody and a parenting plan. If it is complete and both spouses sign, there is nothing left for a judge to decide. A thorough agreement is what keeps the case uncontested. For the document itself, see our uncontested divorce page.
A Word About Children
Even in an uncontested divorce, the court looks out for the children. Child support follows the statewide guideline under Va. Code § 20-108.2, and a parent cannot simply waive it. Agreeing is fine, but the number still has to follow the guideline. Running it correctly keeps your agreement from snagging at review.
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Step three: file and finish on paper
Once the agreement is signed and the separation period is met, you file the complaint and the supporting paperwork. In an uncontested case, the final proof is often handled by written affidavit with a corroborating witness, so the testimony requirement under Va. Code § 20-99 is satisfied without a hearing. The judge reviews the file and signs the final decree. Many couples never set foot in a courtroom.
Where an Occoquan case is filed
An Occoquan divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas, which serves all of Prince William County.
“In an uncontested divorce, the agreement does the work. Get it complete and signed, and the rest is mostly paperwork.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits keep an Occoquan uncontested divorce on the easy path. First, confirm your separation date and residency before anything else, because the timeline drives everything. Second, make the agreement genuinely complete, covering property, debts, support, and the children, since a gap is what turns an uncontested case contested. Third, line up your corroborating witness early, because the final affidavit step needs one. Handle those three, and the divorce moves through cleanly, usually without a hearing.
A complete agreement plus the right paperwork is the whole game. Leave no gap for a dispute to grow in.
Authoritative References
Sources
- Code of Virginia, § 20-91(A)(9). No-fault ground based on living separate and apart for the required period. law.lis.virginia.gov/vacode/title20
- Code of Virginia, §§ 20-97 and 20-99. Residency requirement, and the requirement that grounds be corroborated, which an affidavit with a witness can satisfy. law.lis.virginia.gov/vacode/title20
- Code of Virginia, §§ 20-155 and 20-108.2. Enforceable marital agreements, and the statewide child support guideline. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Occoquan. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
What makes a divorce uncontested?
A divorce is uncontested when both spouses agree on every issue, property, debts, support, and any custody and parenting terms, and put it in a signed written agreement. With nothing left for a judge to decide, the case proceeds on paperwork. The agreement is what makes it uncontested, so the more complete it is, the smoother the process.
Do we have to go to court for an uncontested divorce?
Usually not. In an uncontested case, the final proof is often handled by written affidavit with a corroborating witness, which satisfies the testimony requirement under Va. Code § 20-99 without a hearing. The judge reviews the file and signs the decree. Many couples complete the entire process without ever appearing in a courtroom.
How long do we have to be separated first?
Under Va. Code § 20-91(A)(9), it is six months if you have no minor children and a signed separation agreement, or a year otherwise. One spouse must also have been a Virginia resident for at least six months before filing. Confirming your separation date and residency at the start is important, because that timeline controls when you can finish.
Can we still do it uncontested if we have kids?
Yes, as long as you agree on custody, a parenting plan, and support. One thing to know: child support follows the statewide guideline under Va. Code § 20-108.2, and a parent cannot simply waive it, so the agreed amount has to track the guideline. Running it correctly keeps your agreement from getting held up when the court reviews it.
What if we disagree on just one thing?
A single unresolved issue can make a case contested, but it does not have to derail everything. Often the disagreement can be narrowed and settled, sometimes with help, so you can still finish uncontested. Resolving that one point keeps the simpler, less costly path open, which is usually worth the effort before defaulting to a contested case.
When You Are Ready
Let’s move your Occoquan divorce through the simple way.
Tell me where you and your spouse agree, and I will help you turn it into a clean, complete filing. The first call is a conversation, not a commitment.