Reston, Virginia · Uncontested Divorce
When both spouses agree on everything, divorce does not have to mean a fight or a trip to court. In most uncontested cases in Reston, neither spouse ever stands before a judge. Let me walk you through how an uncontested divorce actually works, what makes it possible, and how long it really takes.
By Corrie Sirkin, 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 path alone.
What “uncontested” really means
An uncontested divorce is one where you and your spouse agree on every issue: how to divide property and debt, support, and any custody and parenting time. It does not mean the divorce is automatic, and it does not mean you skip the law. It means there is nothing for a judge to decide, so the case moves on paperwork instead of through a fight.
The agreement is the whole foundation
An uncontested divorce stands on a written separation agreement, also called a property settlement agreement. Under Va. Code § 20-155, that agreement must be in writing and signed by both spouses to be enforceable. It is the document that settles everything in advance, which is exactly what keeps the case out of a courtroom.
You still have to wait out the separation period
Agreeing on everything does not skip the clock. You still need to live separate and apart for the required time before you file: six months if you have no minor children and a signed agreement, or a full year otherwise, under Va. Code § 20-91(A)(9). The agreement and the separation period work together to make the case uncontested.
A Word About the Agreement
An uncontested divorce is only as solid as the agreement behind it. Vague or incomplete terms are the single biggest reason “simple” divorces come back as fights later. Get the agreement complete and clear the first time, covering every asset, debt, and detail, so nothing reopens after the decree.
Do you and your spouse already agree?
A short conversation can tell you whether your case qualifies as uncontested and what your agreement needs to cover. No pressure, no commitment.
Finishing without a court appearance
Here is the part most people are relieved to hear. In most uncontested cases, Virginia lets you finalize the divorce on written affidavits, with no one appearing before a judge. You and a corroborating witness, someone who knows your living situation, sign notarized statements confirming the separation and the basic facts. Those affidavits go to the court along with the signed agreement and a proposed final decree, and a judge reviews and signs it. Your spouse can sign a waiver so the process moves smoothly.
How long it takes, and where it is filed
Once the separation period is behind you and the paperwork is filed, an uncontested divorce in Northern Virginia is often finished within a few weeks to a couple of months, depending on the court’s schedule. A Reston case is handled by the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax, since Reston is part of Fairfax County, and the court offers electronic filing for divorce cases. For more on the streamlined path, see our uncontested divorce practice area page.
“Uncontested does not mean unrepresented. The agreement is a binding contract, and the time to get it right is before you sign, not after.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three habits keep a Reston uncontested divorce smooth. First, settle every item in the written agreement, including the small ones like tax filing and who keeps which account, because the leftovers are what cause fights later. Second, have the agreement reviewed before you sign, since it is a contract you will live with for years. Third, line up a corroborating witness early, a friend or relative who can confirm your separation, so the final paperwork is not held up at the end.
A strong agreement is what turns a divorce into paperwork instead of a battle.
Authoritative References
Sources
- Code of Virginia, § 20-91(A)(9). No-fault grounds and the six-month and one-year separation periods. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-155. Marital agreements must be in writing and signed by both parties to be enforceable. law.lis.virginia.gov/vacode/title20
- Fairfax County Circuit Court. Divorce filing and electronic filing for the 19th Judicial Circuit, serving Reston. fairfaxcounty.gov/circuit
Statutory rules and procedures verified against current Virginia law as of June 2026.
Frequently Asked Questions
Do you have to go to court for an uncontested divorce in Virginia?
In most uncontested cases, no. Virginia allows the divorce to be finalized on written affidavits, with neither spouse appearing before a judge. You and a corroborating witness sign notarized statements confirming the separation and key facts, and the court enters a final decree based on those documents and the signed agreement.
How long does an uncontested divorce take in Reston?
You first complete the required separation period, six months with no minor children and a signed agreement, or a year otherwise. After the paperwork is filed, the divorce is often finished within a few weeks to a couple of months in Northern Virginia, depending on the Fairfax court’s schedule and how quickly a judge can review and sign the final decree.
Do we need a separation agreement?
For the six-month path, yes. A written, signed agreement is required by Virginia law when you have no minor children and want to file after six months. Even when it is not strictly required, a complete agreement is what makes a divorce uncontested and keeps it out of court, so having one in place protects both spouses.
Can a divorce with children still be uncontested?
Yes. A case is uncontested when the spouses agree on every issue, including custody, parenting time, and child support. With minor children, the no-fault separation period is a full year rather than six months, but once that period is met and a complete agreement is signed, the case can still finalize on the uncontested track.
Is an uncontested divorce cheaper?
Usually, yes. Without discovery, hearings, or a trial, an uncontested divorce costs less and moves faster than a contested one, and it keeps both spouses in control of the outcome. The main investment is the time and care that go into a complete, well-drafted agreement, which is what prevents costly disputes later.
When You Are Ready
Let’s get your Reston divorce done the simple way.
Tell me what you and your spouse have agreed on, and I will help you turn it into an agreement that holds and a decree that closes the book. The first call is a conversation, not a commitment.