Uncontested divorce attorneys serving Virginia from offices in Stafford and Spotsylvania
A divorce is uncontested when you and your spouse agree on the house, the debts, the retirement accounts, support, and, if you have children, custody and visitation. An uncontested case needs a written settlement agreement and a final decree.
Rinehart Bryant represents spouses in uncontested divorces across Virginia, from offices in Stafford and Spotsylvania that serve Stafford County, Spotsylvania County, and Fredericksburg. The attorneys write or review your settlement agreement, file the divorce, and see it through to the final decree, usually without either of you appearing in court.
Schedule a consultation with Rinehart Bryant.
Signs Your Divorce Is Uncontested
Your divorce may be uncontested if:
- You and your spouse agree that the marriage is over.
- You have already worked out, or can work out, who keeps the house, the cars, and the accounts, and who pays which debts.
- You agree on spousal support, including whether there will be any.
- If you have children, you agree on where they live, the visitation schedule, and child support.
- Neither of you is planning to ask the court to decide anything.
If you agree on most of it but not all of it, the divorce is not uncontested yet. Many couples settle the remaining issues through their attorneys, and the case becomes uncontested once the last one is resolved. If it cannot be settled, our Virginia divorce attorneys handle contested cases too.
Separation Period and Final Decree in Virginia
Virginia grants a no-fault divorce after you and your spouse have lived separate and apart for one year, or six months if you have no minor children and have signed a separation agreement. The terms you agree on go into a written marital and separation settlement agreement, which the court can make part of the final decree. We explain each stage in our article on the process of getting a divorce in Virginia.
Settlement Agreements, Filing, and the Final Decree
Drafting or reviewing the agreement. The attorneys draft the agreement so it says what you and your spouse decided and can be enforced as written. If your spouse’s lawyer drafted it, we review it for you before you sign, because the property division in a signed agreement generally cannot be reopened later. If you started from a form, read what to know before using an online settlement agreement template.
Every issue settled. The agreement has to resolve the division of marital and separate property, spousal support, and, where there are children, child custody and visitation and child support calculated under the state guidelines. Retirement accounts often need a separate court order to divide them, and the agreement has to account for it.
Filing through the final decree. We prepare the complaint, arrange service on your spouse, prepare the sworn statements, and submit the decree for the judge to sign.
After the decree. Name changes, refinancing the house, and beneficiary updates come after the divorce, and we answer the most common questions in our post on questions that linger after a Virginia divorce.
For service members and military spouses, the agreement also needs to address military retirement, and the Survivor Benefit Plan where there is one. Where you file depends on legal residence. Our military divorce attorneys handle those cases.
Rebecca has been AMAZING through my divorce process. She has been on board with what I need and want. She is kind, understanding, and wants what is best for my children, in the process. She has been amazing working with the attorney representing my soon to be ex-spouse. She is super responsive, answers all of my questions & has made this process so much easier.
Haley P., client review
Client reviews describe one client’s experience. They do not predict or guarantee the outcome of any other case.
Schedule a consultation with Rinehart Bryant.
Frequently Asked Questions About Uncontested Divorce in Virginia
How long does an uncontested divorce take in Virginia?
Most of the wait is the separation period. After that, the time it takes the court to sign the final decree varies by county. We can estimate the timing for your county at the consultation.
Do we both need our own attorney?
No. One attorney cannot represent both spouses in a divorce, so one spouse can hire us while the other reviews the agreement with their own attorney or decides not to hire one.
Do we have to go to court?
Usually not. When every issue is settled in a written agreement, Virginia allows the divorce to be proven on sworn written statements without a hearing.
Can we have an uncontested divorce if we have children?
Yes. Your agreement has to settle custody, visitation, and child support, and the one-year separation period applies.
What does an uncontested divorce cost?
An uncontested divorce where both spouses agree can start as low as $1,500 to $2,500. The attorney quotes your retainer at the consultation, after seeing how much is already settled. A retainer is a deposit held in a trust account and drawn on only as work is done. You get an itemized bill twice a month, and whatever is left at the end is refunded. We explain how fees work in our article on what you pay for when you hire a Virginia family law attorney.
What if we agree now and something changes before the divorce is final?
Until the agreement is signed, either of you can change your mind, and the case can become contested. Once it is signed, it generally binds you both.
Talk With an Uncontested Divorce Lawyer in Stafford or Spotsylvania
If you and your spouse have agreed, or are close to agreeing, we can tell you what your agreement needs to cover and estimate how long your divorce will take.
Our Stafford family law office and Spotsylvania family law office serve Fredericksburg and the surrounding counties, and we represent clients throughout Virginia. Consultations are available by phone, video call, or in person.
Stafford: (540) 369-8855
Spotsylvania: (540) 369-8066
Schedule a consultation with Rinehart Bryant.