Do I need a lawyer for an uncontested divorce in New Kent County

If you and your spouse agree on all terms of your separation—division of property, spousal support, and, if you have minor children, custody and visitation—you may be able to move forward with an uncontested divorce. In Virginia, no statute requires you to hire an attorney for an uncontested divorce. Yet the procedural steps, from negotiating a written separation agreement to filing the complaint in the New Kent County Circuit Court and proving a corroborating witness, involve detailed legal requirements that can be harder to navigate without counsel. Mr. Sris and the firm’s Of Counsel attorneys serve New Kent County families from the firm’s Richmond location, providing practical guidance through the uncontested divorce process. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Direct Answer: Is a Lawyer Required for an Uncontested Divorce in New Kent County?

Virginia law does not mandate that you hire a lawyer to obtain an uncontested divorce. You are permitted to represent yourself. However, an uncontested divorce still requires careful handling: you must draft and sign a separation agreement that resolves all issues, comply with the statutory separation period under Va. Code § 20-91(9), prepare and file a complaint in the New Kent County Circuit Court, present at least one corroborating witness at the final hearing, and obtain the judge’s signature on the final decree. A lawyer can help ensure that the agreement is enforceable and that you meet each procedural requirement, reducing the risk of delay or a defective filing. Mr. Sris and the firm’s Of Counsel attorneys regularly appear in New Kent County courts and can assist with preparing the agreement, filing the complaint, and representing you at the hearing. To discuss your options, call (888) 437-7747.

Frequently Asked Questions

What is an uncontested divorce in Virginia?

An uncontested divorce is a divorce in which the spouses agree on all material issues—property division, spousal support, and, when minor children are involved, custody, visitation, and child support—and neither side contests the grounds for divorce. In Virginia, the most common route to an uncontested divorce is a no-fault separation under Va. Code § 20-91(9). The court requires a separation period and a written separation agreement resolving all issues. The case proceeds on an expedited basis because there is no dispute to litigate. To discuss your particular situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What are the grounds for an uncontested divorce in Virginia?

Virginia law provides two no-fault separation grounds for an uncontested divorce: if the parties have lived separate and apart for one year, or for six months if there are no minor children of the marriage and a signed separation agreement is in place. These are set out in Va. Code § 20-91(9)(a) and (b). Either spouse may use these grounds regardless of fault. Because no-fault grounds are the typical foundation for an uncontested divorce, couples often negotiate and sign a separation agreement at the beginning of the separation period. The New Kent County Circuit Court reviews the complaint and agreement before entering the final decree.

Do I need to appear in court for an uncontested divorce in New Kent County?

Yes; Virginia courts generally require at least the plaintiff to appear in person at the final hearing for an uncontested divorce, even when both sides agree. You must also present at least one corroborating witness who can verify the date of separation and the absence of cohabitation. The hearing is typically brief, but the judge must confirm that the statutory grounds are met. Mr. Sris and the firm’s Of Counsel attorneys prepare clients for this appearance and can arrange for the witness. Call (888) 437-7747 to schedule a consultation.

How long does an uncontested divorce take in New Kent County?

The timeline depends primarily on which no-fault separation ground you use and the court’s docket. You must complete the required separation period—six months or one year—before filing. After filing, the court schedules the hearing according to its calendar. Complexities, such as unresolved property issues, may delay the process. To discuss a realistic timeline for your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What does a separation agreement include for an uncontested divorce?

A separation agreement in Virginia typically covers property division, spousal support, and if minor children exist, custody, visitation, and child support. The agreement is a contract signed by both parties and often drafted after negotiation. For the six-month no-fault ground under Va. Code § 20-91(9)(b), the agreement must be in writing and signed. The court will review the agreement for fairness, particularly if spousal support is waived or property is divided unequally. Having a lawyer review the agreement helps ensure it is enforceable. To discuss your agreement, contact the firm at (888) 437-7747.

Can I use the same lawyer as my spouse for an uncontested divorce?

No; Virginia ethics rules generally prohibit a lawyer from representing both spouses in a divorce, even if it appears uncontested. The interests of husband and wife are potentially adverse. One spouse may hire a lawyer to advise and draft the agreement, but the other spouse should either have independent counsel or proceed without representation after being fully informed. Mr. Sris and the firm’s Of Counsel attorneys represent one party in all family law matters. To discuss retaining representation, call (888) 437-7747.

What is the difference between a no-fault and fault divorce in Virginia?

No-fault divorce is based on separation with no assertion of wrongdoing; fault divorce asserts a specific fault ground such as adultery, cruelty, or desertion. An uncontested divorce is almost always pursued on a no-fault ground because the spouses agree not to contest. Fault divorces generally involve litigation and may affect spousal support or property division. The New Kent County Circuit Court handles both types. For guidance on which approach may apply, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How do I start an uncontested divorce process in New Kent County?

Begin by consulting with a family law attorney who can assess your eligibility for the six-month no-fault ground or the one-year ground and help you negotiate a separation agreement. Once the separation period is satisfied and the agreement is signed, the lawyer prepares and files a complaint in the New Kent County Circuit Court, obtains a hearing date, and presents your case to the judge. Serving the complaint on the other spouse and preparing a corroborating witness are necessary steps. To start the process, call Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Will I need to pay spousal support in an uncontested divorce?

Spousal support may be part of the separation agreement in an uncontested divorce, and the parties can agree on the amount, duration, and conditions. If you cannot agree, spousal support becomes a contested issue and the divorce is no longer uncontested. The court will consider statutory factors under Va. Code § 20-107.1 if the issue is litigated. In an uncontested case, the judge reviews the agreed-upon support terms and generally approves them unless clearly unreasonable. To discuss spousal support, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What is equitable distribution in Virginia?

Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally, under Va. Code § 20-107.3. In an uncontested divorce, the spouses decide on division themselves through the separation agreement. The court will review the agreement to ensure it is neither unconscionable nor the result of fraud. Separate property—usually assets owned before the marriage or received as gifts or inheritance—is not subject to division. For specific guidance, call the firm at (888) 437-7747.

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. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. They appear in New Kent County courts and handle uncontested and contested divorce matters throughout the region. Results may vary. For a consultation regarding an uncontested divorce in New Kent County, call (888) 437-7747.

Official Virginia resources:
Virginia Code § 20-91 – Grounds for Divorce
New Kent County Circuit Court
Virginia Judicial System

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.