Uncontested Divorce in Virginia

Divorce can feel overwhelming. Many people come to our office feeling hurt, angry, sad, or simply confused about the process. They may worry that the other party is taking advantage of them or that they don’t fully understand their rights under Virginia law.

At the Law Office of Li-Shann Durst, PLLC, we help clients in Ashburn, Loudoun County, and Fairfax County navigate the divorce process with dignity and clarity. Even if you and your spouse don’t agree at the beginning, an uncontested divorce in Virginia may still be possible with the right support.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses ultimately reach an agreement on all key issues, including:

  • Division of marital property and debts

  • Child custody and parenting time

  • Child support obligations

  • Spousal support (if applicable)

Few couples walk into an attorney’s office already in agreement. Reaching this point usually requires education, guidance, and skilled facilitation.

How an Attorney Helps You Reach an Agreement

As your attorney, Li-Shann Durst can:

  • Explain Virginia law and how it applies to your situation

  • Provide perspective by sharing what a judge might do if your case went to court

  • Offer creative options you may not have considered

  • Work with other professionals — such as financial advisors or mental health specialists—when needed to address complex issues

These tools help couples move from uncertainty and conflict to agreements that are both fair and legally sound.

Pathways to Uncontested Divorce

Negotiation

Attorney-assisted discussions designed to resolve disputes fairly.

Mediation

A neutral third party helps facilitate solutions.

Collaborative Law

A team approach with attorneys and other professionals focused on respectful resolution.

If agreement cannot be reached through these methods, litigation may be necessary. But many couples are able to resolve their cases outside of court with the right support.

Benefits of an Uncontested Divorce

When parties can reach agreement, the uncontested divorce process offers:

  • Lower costs compared to contested litigation

  • Faster resolution than trials

  • Privacy—keeping sensitive details out of public court hearings

  • Greater control over the outcome

Eligibility Requirements in Virginia

To finalize an uncontested divorce, Virginia law generally requires:

  • At least one spouse to be a Virginia resident for six months before filing

  • A separation period of one year, or six months if there are no minor children and a signed separation agreement

  • A written marital settlement agreement or property settlement agreement resolving all issues

Our Family Law Process

We guide you through each stage with care, clarity, and expertise.

  • Initial Consultation

    We discuss your situation, children's needs, and explore the best approach for your family.

  • Assessment & Planning

    We evaluate your family's unique circumstances and develop a strategic plan.

  • Negotiation

    We work collaboratively to reach agreements that serve your children's best interests.

  • Finalization

    We ensure all agreements are properly documented and legally binding.

Why Choose Our Approach

Our collaborative methods prioritize your children's well-being while preserving important family relationships.

  • Child-Centered Focus

    Every decision is made with your children's emotional and physical well-being as the top priority.

  • Collaborative Solutions

    We work to minimize conflict and find solutions that work for your entire family's future.

  • Fair & Flexible

    Arrangements that are fair to both parents and can adapt as your children grow and change.

Frequently Asked Questions

Common questions about family law matters in Virginia

  • We handle divorce, separation, child custody, parenting time, child support, spousal support, and property division.

  • These approaches reduce conflict, save time and money, and allow families to maintain control over decisions rather than leaving them to a judge.

  • Timelines vary depending on the complexity of the case. Alternative dispute resolution methods often resolve matters faster than litigation.

Related Services

Additional family law services that may be relevant to your situation

Ready for Clarity in Your Family Law Matter?

Schedule a consultation today to discuss your situation and explore solutions that protect your family’s well-being and future.