Navigating the Divorce Process in Fairfax County, Virginia

This topic is part of Adultery and Fault-Based Divorce.

In this article

1. Where a Fairfax County Divorce Is Filed
2. Residency: The Six-Month Requirement
3. Grounds for Divorce in Virginia
4. What Changed on July 1, 2026
5. Uncontested and Contested Cases
6. The Issues the Court Must Decide
7. A Typical Sequence
8. Representing Yourself in a Fairfax County Divorce
9. Frequently Asked Questions
10. Speak With a Fairfax County Divorce Attorney

Last reviewed September 2026 to reflect the Virginia divorce amendments effective July 1, 2026.

A divorce in Fairfax County is filed in the Fairfax County Circuit Court. It requires three things: at least one spouse must have been a Virginia resident for six months, the complaint must allege a ground recognized by Va. Code § 20-91, and the court must address property, support, and custody before or when it enters the final decree. Most cases proceed on the no-fault ground of separation. That requires one year of living separate and apart, or six months if there are no minor children and the parties have signed a separation agreement. When the issues are resolved by agreement, a divorce can often be finalized on paper without a hearing. When they are not, the case follows a contested track that can include temporary orders, discovery, and a trial.

This guide explains each stage as it applies to a Fairfax County case. It includes the changes that took effect on July 1, 2026.

Where a Fairfax County Divorce Is Filed

In Virginia, divorce cases are heard in circuit court. A case that belongs in Fairfax under Virginia’s venue rules is filed in the Fairfax County Circuit Court. Before any divorce is filed, custody, visitation, and support can be decided in the Juvenile and Domestic Relations District Court. Once a divorce suit is pending, the circuit court can decide those issues together with property division and the divorce itself.

Residency: The Six-Month Requirement

Under Va. Code § 20-97, at least one spouse must have been an actual, bona fide resident and domiciliary of Virginia for at least six months before the suit is filed. For military families, the statute presumes that a service member who has been stationed or has lived in Virginia for six months or more before filing is domiciled here. The presumption also covers certain service members and federal employees stationed abroad who lived in Virginia for six months before going overseas and have since returned.

Grounds for Divorce in Virginia

Va. Code § 20-91 lists the grounds on which a court may grant a divorce from the bond of matrimony, which is a final divorce.

No-fault divorce based on separation

Either spouse may obtain a divorce once the parties have lived separate and apart, without cohabitation and without interruption, for one year. The period is six months when the parties have entered into a separation agreement and have no minor children. The statute’s definition of minor children includes children born of the parties, children born of either party and adopted by the other, and children adopted by both. These periods did not change on July 1, 2026.

Separation must be continuous. It must also be accompanied by the intent of at least one spouse to end the marriage. Spouses who remain under the same roof face a higher evidentiary burden, and an in-house separation should be documented carefully from the start.

Fault grounds

Virginia also permits divorce on fault grounds, including adultery, cruelty, and willful desertion, each subject to its own statutory conditions. As of July 1, 2026, adultery supports a final divorce only if it occurred before the date of the parties’ last separation. Fault can matter well beyond the grounds themselves. It can affect spousal support, and in some cases it can bear on equitable distribution and custody. For a detailed discussion, see Fault Grounds for Divorce in Virginia and Proving Adultery in Virginia.

Corroboration

Under Va. Code § 20-99, a divorce cannot be granted on the uncorroborated testimony of the parties, except when the divorce is granted on the separation ground in § 20-91(A)(9). A no-fault separation case therefore does not require an independent witness to corroborate the grounds. A fault-based case does.

What Changed on July 1, 2026

The 2026 amendments made two changes that directly affect Fairfax County filings.

• Divorce from bed and board on separation alone. Va. Code § 20-95 now permits a divorce from bed and board on the application of either party once the parties are living separate and apart and at least one intends the separation to be permanent. No waiting period applies. A bed and board divorce does not end the marriage. It does open the courthouse door earlier, so a spouse can seek orders on custody, support, and use of the home without waiting for the separation period to run.
• Adultery limited to pre-separation conduct. Adultery is now a ground for a final divorce only if it occurred before the last separation. Post-separation conduct may still be relevant to other issues.

For the full analysis, see Changes to Virginia Divorce Law on July 1, 2026.

Uncontested and Contested Cases

Uncontested divorce

A divorce is uncontested when the spouses have resolved every issue, usually in a written property settlement agreement, or when the only issue is the divorce itself. Va. Code § 20-106 allows a no-fault separation case to proceed on affidavit or deposition, without leave of court, in three situations: the parties have resolved all issues by written agreement; there are no issues other than the grounds for divorce; or the defendant was personally served and did not respond. Where the defendant has waived service, the statute permits the complaint, the affidavit or deposition, and the proposed final decree to be filed together. A divorce may then be granted on those documents alone.

Much of the real work in an uncontested case is in the agreement. It must address real estate, retirement accounts, business interests, debts, support, and, where there are children, custody and visitation. Terms that are vague or incomplete are a common source of later litigation. The discussion of marital agreements covers related drafting concerns.

Contested divorce

When the spouses cannot agree, the case proceeds as contested litigation. It typically includes:

• Temporary (pendente lite) relief. While the suit is pending, Va. Code § 20-103 allows the court to order spousal and child support, provide for custody, award exclusive use and possession of the family residence, and enter orders to preserve either spouse’s estate so it is available to satisfy the final decree.
• Discovery. This includes interrogatories, requests for production, and depositions. In cases involving a closely held business, executive compensation, or complex investment holdings, it often also includes subpoenas to third parties and expert analysis.
• Negotiation and mediation. Most contested cases settle. The settlement terms are strongest when they are negotiated from a fully developed record.
• Trial. Issues that do not settle are decided by the court on the evidence presented.

How motions are heard in the Fairfax County Circuit Court

Fairfax hears most motions on its Friday motions docket, under the court’s Motions Procedures chart (updated June 2026). For a divorce case, the practical points are these:

• Pendente lite and other contested motions are set on one week’s notice. They are heard on Friday on the domestic docket at 11:30 a.m. A contested motion must clearly state what the party is asking the court to do and why. A pendente lite motion need only state the relief requested. No memorandum is required, but filing one moves the motion onto the two-week procedure.
• Two-week motions are set on two weeks’ notice. These include discovery disputes, demurrers, pleas in bar, and any motion filed with a memorandum. Each memorandum is limited to five double-spaced pages, and opposition memoranda are due at least one week before the hearing.
• Uncontested motions and consent orders are set on one week’s notice and heard Friday at 9:00 a.m.
• Matters that need more time are scheduled through the Calendar Control Judge, on three to five weeks’ notice. These are briefed motions, and evidentiary motions heard Monday through Thursday.

Because a pendente lite motion requires only one week’s notice, temporary support, custody, and use of the home can be addressed early in the case. Since July 1, 2026, that is possible even before the separation period for a final divorce has run.

The Issues the Court Must Decide

Whether by agreement or by ruling, a Fairfax County divorce must address each of the following:

• Property and debts. Under Va. Code § 20-107.3, the court classifies property as separate, marital, or part separate and part marital. It values the marital estate and divides it equitably according to the statutory factors. Equitable does not necessarily mean equal.
• Spousal support. Va. Code § 20-107.1 governs whether support is awarded, in what amount, and for how long. See the spousal support page.
• Custody and visitation. These are decided under the best-interests factors of Va. Code § 20-124.3. See the custody and visitation page and the Virginia custody guide.
• Child support. This is calculated under the guidelines in Va. Code § 20-108.2. See the Virginia child support guide and the child support calculator.

A Typical Sequence

1. Separation. One spouse forms the intent to end the marriage, and the parties begin living separate and apart. The date of separation matters, so document it.
2. Early orders, if needed. A spouse may file for divorce from bed and board, or on a fault ground, and seek temporary relief without waiting for the separation period.
3. Negotiation of a settlement agreement. This works best on full financial disclosure.
4. Filing for a final divorce. This happens once a ground is available: the separation period has run, or a fault ground can be proved.
5. Proof and final decree. In an uncontested case, proof is given by affidavit or deposition. In a contested case, it follows discovery and trial.

Representing Yourself in a Fairfax County Divorce

Virginia permits a spouse to proceed without a lawyer. The Fairfax County Circuit Court makes available a Pro Se Divorce Brochure, prepared by the Fairfax Bar Association (August 2023 edition). It walks through the filing requirements. They include:

• the complaint, filed as an original and one copy;
• the VS-4 statistical form;
• two copies of the Domestic Case Coversheet;
• a Private Addendum for Social Security and account numbers;
• the filing and Sheriff’s service fees.

Filings are made with the Clerk’s Office (Civil Case Processing) of the Fairfax County Circuit Court, 4110 Chain Bridge Road, Fairfax, Virginia 22030. The brochure also notes that final orders must include the statutory notice on beneficiary designations required by Va. Code § 20-111.1. Confirm current requirements and fees with the Clerk before filing.

As the brochure itself cautions, the Clerk and the Court cannot give legal advice. A pro se filing is most realistic where there are no minor children, no real estate or retirement assets to divide, and a complete written agreement. When the case involves significant assets, a business, or a disputed custody arrangement, mistakes in the agreement or the decree can be difficult or impossible to correct later.

Frequently Asked Questions

How long does a divorce take in Fairfax County?

The minimum is set by the ground. A no-fault divorce cannot be granted until the parties have been separated for one year, or six months with a separation agreement and no minor children. An uncontested case may be finalized shortly after that period ends. A contested case takes longer and depends on the issues, the discovery required, and the court’s docket.

Do I have to appear in court for an uncontested divorce?

Not necessarily. Under Va. Code § 20-106, a no-fault case that meets the statutory conditions can be proved by affidavit or deposition. Where the defendant has waived service, a divorce may be granted on the filed documents alone.

Can I file before the separation period has run?

Yes, in two ways. Since July 1, 2026, either spouse may file for a divorce from bed and board once the parties are separated with the intent to remain apart. A spouse may also file for a final divorce on a fault ground. Either route allows the court to address custody, support, and the home before a no-fault divorce is available.

Is adultery that happens after separation grounds for divorce?

Not for a final divorce. Under the current version of § 20-91, adultery supports a divorce from the bond of matrimony only if it occurred before the date of the last separation. Post-separation conduct may still be relevant to other issues in the case.

Is a separation agreement required?

No, but it matters. The shorter six-month separation period is available only with a separation agreement and no minor children, and an agreement is the usual basis for an uncontested divorce.

Speak With a Fairfax County Divorce Attorney

The early decisions in a divorce often shape the outcome: when and how to separate, whether to seek temporary relief, and what to disclose and demand. If you are considering divorce in Fairfax County or elsewhere in Northern Virginia, contact me to schedule a consultation. For how I handle contested and high-asset cases, see Fairfax County Divorce Attorney.

This article provides general information about Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. The application of the law depends on the specific facts of each case.

This article provides general information about Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. The application of the law depends on the specific facts of each case.