Uncontested Divorce Lawyer in Fairfax, Virginia

Clear Process, Grounded Guidance

An uncontested divorce is a no-fault dissolution of marriage where both spouses have reached full agreement on all major issues: property and debt division, spousal support, and child custody and support if children are involved. When that agreement is genuine and documented correctly, the process is faster, less expensive, and far less adversarial than a contested divorce. Even so, Virginia law requires specific procedural steps and precisely drafted documentation before the Fairfax County Circuit Court will grant the divorce. Getting the paperwork right the first time matters.

At Keithley Law, PLLC, we’ve handled family law matters in Fairfax for nearly two decades. We treat uncontested divorce not as a paperwork exercise, but as a process that benefits from both legal precision and an awareness of the emotional weight couples carry into it.

If you and your spouse have reached an agreement and want to move forward efficiently, call us at (703) 454-5147 to discuss your situation and next steps.

Why Fairfax Couples Work with Keithley Law, PLLC

Soo Kang Keithley holds dual credentials in law and psychology, a combination that shapes how our firm approaches every family law matter. Divorce, even an uncontested one, rarely unfolds without some emotional friction. Her background lets her recognize when that friction is procedural and when it’s something deeper, and to respond in a way that keeps the process moving without escalating tension unnecessarily.

Our team brings over 50 years of collective family law experience, and our Fairfax practice spans nearly two decades. That depth means we’re familiar with the specific requirements of the Fairfax County Circuit Court and prepared to manage complications if they surface. An uncontested case that runs into a disagreement midway doesn’t have to become a fully contested filing. We’ve helped clients navigate that gap through focused negotiation, preserving the uncontested path where possible.

We’re committed to responsive, cost-effective service. We listen to what each client actually needs and build an approach around that, not around a standard template.

Virginia Eligibility Requirements

Before filing for an uncontested divorce in Fairfax County, Virginia law imposes several threshold requirements.

Residency
Virginia Code § 20-97 requires that at least one spouse has lived in Virginia for a minimum of six months before filing.

Separation Period
Couples without minor children must be separated for at least six months and have a signed, written property settlement agreement (PSA) in place before filing. Couples with minor children must be separated for at least one year. The separation must be genuine: spouses must live separate and apart without cohabitation, with at least one party intending the marriage to be permanently over. Virginia law does permit spouses to remain under the same roof and still qualify as separated, but courts examine these situations carefully and require clear, consistent evidence that the marital relationship has ended in every meaningful way.

Corroborating Witness
Virginia requires a corroborating witness, typically a friend, family member, or neighbor, who can independently verify by personal knowledge that the spouses have been living apart. This isn’t a formality to skip; the court relies on this testimony as part of the record.

Separate Representation
A Virginia attorney can represent only one party in a divorce. Even when the divorce is uncontested and both spouses are in full agreement, one spouse retains our firm, and the other may review documents independently or retain separate counsel.

How the Process Works at Fairfax County Circuit Court

Once eligibility requirements are satisfied and a signed PSA is in place, we handle the drafting, review, and filing of all required documentation on your behalf. The divorce complaint is filed with the Fairfax County Circuit Court, Civil Intake Division, along with a VS-4 State Statistical Form and a Domestic Case Coversheet. Your spouse may waive formal service by signing an acceptance of service, which streamlines the process.

In most uncontested cases, Virginia law allows the divorce to proceed by affidavit, meaning neither spouse typically needs to appear in court. A judge reviews all submitted documents and, if everything is in order, signs the final decree of divorce. If children are involved, the court may request a hearing to confirm that custody arrangements satisfy the best interests of the child standard.

Procedural errors can cause the clerk to reject the filing outright. A separation date in the complaint that doesn’t match the PSA, a missing affidavit, or an incomplete coversheet can all delay the process. Our familiarity with Fairfax County Circuit Court procedures helps avoid those setbacks from the start. Once all documents are filed correctly, the court’s review and issuance of a final decree can take additional time depending on court scheduling and individual case circumstances.

What the Property Settlement Agreement Must Cover

The property settlement agreement is the foundation of an uncontested divorce in Virginia. It’s a written contract signed by both spouses that defines the terms of the separation: division of marital assets and debts, spousal support, and, when children are involved, custody, visitation, and child support. Once the court incorporates the PSA into the final divorce decree, it becomes a legally binding court order.

For couples without minor children, a signed PSA is required to use the six-month separation period. For couples with minor children, a PSA is strongly recommended and must address all custody and support matters before filing.

Marital assets commonly addressed in a Fairfax County PSA include the family home, retirement and investment accounts, vehicles, and shared debt obligations. The agreement should be specific enough to leave no ambiguity about what each spouse receives and owes. Vague language creates enforcement problems later.

When children are involved, custody provisions must satisfy Virginia’s best interests of the child standard under Virginia Code § 20-124.3. Virginia law distinguishes between legal custody (decision-making authority over the child’s education, health, and welfare) and physical custody (where the child lives). Both must be addressed. Child support amounts that deviate from Virginia’s statutory guidelines under Virginia Code § 20-108.2 require a written justification that the court accepts.

Common Questions About Uncontested Divorce in Fairfax

Do I Have to Go to Court for an Uncontested Divorce in Virginia?

In most uncontested cases, Virginia law allows the divorce to be finalized through a written affidavit process, so neither spouse needs to appear in court. If children are involved, the court may request a hearing to confirm that custody arrangements meet the best interests of the child standard.

What Happens If My Spouse and I Disagree on One Issue After Starting?

A single unresolved issue can shift the case to a contested track. Before that happens, we work to bridge the gap through negotiation. Keeping the case on an uncontested path is often faster and less costly than a formal contested filing, and in many situations, a focused conversation can resolve what initially seems like a dealbreaker.

Can Both Spouses Use the Same Attorney?

Virginia law prohibits one attorney from representing both spouses, even in an uncontested divorce. One spouse retains our firm; the other may review the documents independently or retain separate counsel.

How Long Does the Process Take in Fairfax County?

The timeline is largely set by Virginia’s mandatory separation requirement: six months for couples without minor children (with a signed PSA), and one year for couples with minor children. Once the separation period is satisfied and all documents are filed correctly with the Fairfax County Circuit Court, the court’s review and issuance of a final decree can take additional weeks depending on scheduling and whether any questions arise about the filing.

If you’re ready to move forward or still weighing your options, call Keithley Law, PLLC at (703) 454-5147. We can walk you through what the process looks like for your specific situation.

Awards & Accolades

The Opinions That Matter

See What Our Clients Have to Say

Read More Testimonials

If I could extend a rating beyond the maximum of 5 stars, I would gladly do so.
“If I could extend a rating beyond the maximum of 5 stars, I would gladly do so. Following my initial consultation with Ms. Soo, I engaged the legal services of Ms. Dawn, both of whom exhibit a remarkable depth of expertise within the realm of family law. Over the past year, their collective commitment to securing a fair and equitable custody agreement has endowed me with a profound understanding of Virginia's custody laws.

Ms. Dawn has consistently demonstrated unwavering dedication to my case, ensuring seamless guidance from its inception to its resolution. Her responsiveness to my legal inquiries has been exceptional, often addressing them with remarkable promptness. Simultaneously, Ms. Soo has remained well-versed in the particulars of my case, delivering unparalleled representation within the courtroom.

I wish to extend my heartfelt gratitude for facilitating a safe and harmonious environment for my daughter. While it is customary for negotiations to leave parties with varying degrees of satisfaction, I firmly believe that the outcome achieved could not have been more favorable. Thank you immensely for your invaluable assistance!”

- Jamius V.
Thank you so much for sharing your information on the internet.
“Thank you so much for sharing your information on the internet. I have been with the same man for 35 years - high school sweethearts. I have tried so hard for so long, and slowly over the past year and a half, I was doing what your site recommends - taking time during the silence to read, journal, reflect and work on myself. THEN I found your page "Narcissism, Stonewalling, & Ghosting". THANK YOU so much for sharing the details you've gleaned over your career and compiling them in such a clear, concise manner! This page describes my relationship to a T! Your site pulls together all the signs, and symptoms I have been slowly connecting, but with your help, I now have a better description of the personality I'm married to.”

- Anonymous
Saving Grace!
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Gentle pacing when needed. Patience and excellent listening skills have really been a saving grace.
”

- Former Client
Thank you so much for your kindness and wonderful guidance through difficult times.
“
Dawn and Soo are great attorneys who give you support, empathy, prompt advice with experience and knowledge. Customer service from the office is also superb. Thank you so much for your kindness and wonderful guidance through difficult times.
”

- Former Client
I am very happy that Mr. Thompson took the time to hear my "elevator pitch" and chronology about what my issues were without interruption or tangential questions.
“
I am very happy that Mr. Thompson took the time to hear my "elevator pitch" and chronology about what my issues were without interruption or tangential questions. He further demonstrated that he is very detail-oriented and made some very good points I hadn't considered with my case.
”

- Former Client
I felt the attorney had useful knowledge of the Virginia Landlord tenant law.
“
I felt the attorney had useful knowledge of the Virginia Landlord tenant law. He was able to help me decide which path might be the best to take, given many clear options. Thanks!
”

- Former Client
All were very professional yet very friendly where this can be a very hard mix to find in lawyers this firm had an impressive dynamic.
“
Soo Keithley and Dawn Rogan-Titus were an inspiration to me as they helped direct me through the divorce procedure. They both knew how to handle a controversial divorce and guided me in the process of what to expect. Divorce is a very emotional time for anyone and to know that your lawyer will do anything to help you is refreshing. They were always honest and upfront with my questions even if the answer was not what I wanted to hear. Their legal team worked well together and complemented each other. All were very professional yet very friendly where this can be a very hard mix to find in lawyers this firm had an impressive dynamic. Thank you to Soo, Dawn, and your team for helping me through this excruciating time in my life.
”

- Former Client
Gave me helpful advice!
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The attorney was frank and gave me helpful advice.
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Took the time to answer my questions!
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I just met with Henry Thompson II, who helped me think through my complex and highly emotional family law case. He gave me helpful advice and took the time to answer my questions as well. When the consultation appointment ended, I felt like I had a good sense of how to proceed, both practically and as far as my mindset. Thank you very much! My case is one that shows that it's better to retain legal counsel early in the process rather than waiting year after year to pass.
”

- Hope G.

Why Choose Keithley Law, PLLC?

We Are Prompt & Responsive
We Listen to Your Concerns
We Are Transparent & Honest
We Find Creative Solutions

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