Uncontested Divorce Lawyer Chesapeake, VA
An uncontested divorce in Chesapeake (City), Virginia, allows you to end your marriage without a trial—so long as you and your spouse agree on the terms. Law Offices Of SRIS, P.C. brings extensive combined legal experience to family law matters in the Chesapeake area. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys work with clients to secure a clean, efficient resolution. Whether you need a separation agreement, property settlement, or guidance through the Circuit Court process, we can help. Results may vary. Reach our firm at (888) 437-7747.
What Family Law Means in Chesapeake
Chesapeake family law matters are heard at two primary courts. The Chesapeake Circuit Court at 307 Albemarle Drive handles divorce, equitable distribution, and spousal support. The Chesapeake Juvenile & Domestic Relations District Court, also on Albemarle Drive, handles standalone custody, visitation, child support, and protective orders. Because Virginia is an equitable distribution state, marital property is divided fairly—but not necessarily equally—under Va. Code § 20-107.3. The court considers 11 statutory factors, including each party’s contributions, the duration of the marriage, and the circumstances that led to the divorce.
For an uncontested divorce, Virginia law provides two no-fault paths under Va. Code § 20-91. If you have no minor children and have signed a written separation agreement, you may divorce after a six-month separation. Otherwise, a one-year separation is required. At least one party must have been a resident and domiciliary of Virginia for the six months immediately before filing. The Chesapeake Circuit Court has exclusive jurisdiction over the divorce decree. Our firm represents clients throughout Chesapeake and nearby communities including Deep Creek, Great Bridge, and Greenbrier.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Uncontested Divorce Cases
When both spouses agree on the terms, the path to an uncontested divorce in Chesapeake is straightforward. First, you and your spouse negotiate and sign a property settlement agreement that resolves all issues—division of assets and debts, spousal support, and, if applicable, child custody and support. Mr. Sris and the firm’s Of Counsel attorneys can draft or review that agreement to ensure it complies with Virginia law and fully protects your interests.
Once the separation period has been satisfied, we prepare and file a Complaint for divorce in the Chesapeake Circuit Court. The filing includes the signed separation agreement, any required affidavits, and a proposed final decree. Virginia requires at least one corroborating witness for the uncontested hearing. Our attorneys guide you through the hearing preparation so the process moves smoothly. Because every case is unique, the timeline depends on court scheduling and the completeness of the paperwork, but our team works to keep it efficient.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the state’s equitable distribution statute. The firm’s Of Counsel attorneys—independent practitioners who contract directly with the firm—bring additional trial and negotiation experience to family law matters. Together, they serve clients throughout Virginia, including Chesapeake.
Frequently Asked Questions
What is an uncontested divorce?
An uncontested divorce occurs when both spouses agree on all issues—property division, support, custody, and the decision to divorce—allowing the matter to be resolved by agreement rather than trial. In Virginia, this typically involves a written separation agreement and a no-fault ground. The process is generally faster and less costly than a contested divorce. Still, each side should have independent legal review to ensure the agreement is fair. For a consultation about your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does an uncontested divorce take in Chesapeake, Virginia?
The timeline depends on how quickly the required separation period is met and the court’s calendar, but the process can move forward promptly once the separation period has passed and all documents are in order. Under Virginia law, a no-fault divorce requires either a six-month separation (if no minor children and a signed separation agreement) or a one-year separation. After filing the Complaint in Chesapeake Circuit Court, the final hearing is scheduled once the court reviews the paperwork. Having a well-prepared separation agreement and a complete filing package helps avoid delays. For guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Is Virginia a community property state?
No, Virginia is an equitable distribution state, meaning marital property is divided fairly—but not necessarily equally—based on 11 statutory factors under Va. Code § 20-107.3. Separate property, such as assets owned before marriage or received as a gift or inheritance, is generally excluded. The Chesapeake Circuit Court handles all property division in divorce cases. It is important to identify and classify assets early, especially if real estate, retirement accounts, or a business are involved. Mr. Sris and the firm’s Of Counsel attorneys can help you distinguish marital from separate property.
Do I need a lawyer for an uncontested divorce in Chesapeake?
While you are not legally required to hire a lawyer, working with an experienced family law attorney helps ensure your separation agreement is legally sound and your rights are fully protected. Even when both parties agree, mistakes in the agreement or failure to address issues like retirement benefits or tax consequences can create problems later. Law Offices Of SRIS, P.C., reviews or drafts the necessary documents so you can move forward with confidence. For a consultation, contact us at (888) 437-7747.
How is child custody decided in Chesapeake when parents agree?
When parents agree on custody and visitation, they can submit a parenting plan to the court for approval; the court will review it to make sure it serves the child’s best interests under Va. Code § 20-124.3. If custody is part of a divorce proceeding, it is handled in the Chesapeake Circuit Court. If the parents are not divorcing but need a custody order, they may file in the Chesapeake Juvenile & Domestic Relations District Court. The agreement should include a detailed schedule, decision-making authority, and arrangements for holidays and vacations. Our firm can help craft a comprehensive parenting plan that the court is likely to accept.
What should I bring to a consultation about an uncontested divorce?
Bring any agreements you and your spouse have already discussed, financial records (tax returns, pay stubs, bank statements), a list of assets and debts, and, if applicable, information about your children. The more complete your information, the better your attorney can assess whether an uncontested divorce is feasible and what terms you will need to address. If you have a draft separation agreement, our attorneys can review it and advise you on any missing or problematic provisions. For a consultation, call (888) 437-7747.
For related information, see our family law pages for nearby localities:
- Fairfax County family law attorney
- Fairfax City family law attorney
- Falls Church family law attorney
- Prince William County family law attorney
- Manassas family law attorney
Primary legal sources:
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.