Helping You & Your Family Move Forward
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
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“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.- Jamius V.
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!” -
“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
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“- Former Client
Gentle pacing when needed. Patience and excellent listening skills have really been a saving grace.
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“- Former Client
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.
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“- 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. He further demonstrated that he is very detail-oriented and made some very good points I hadn't considered with my case.
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“- Former Client
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!
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“- Former Client
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.
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The attorney was frank and gave me helpful advice.
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“- Hope G.
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.
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Why Choose Keithley Law, PLLC?
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We Are Prompt & Responsive
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We Listen to Your Concerns
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We Are Transparent & Honest
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We Find Creative Solutions