Divorce Attorney in Fairfax, VA

Virginia law requires a separation period before you can file for divorce. For an uncontested divorce with no minor children, you must be separated for 6 months — however, you must also have a written separation agreement in place. Without a written settlement agreement, the separation period is 12 months regardless of whether there are minor children. If you have minor children, the separation period is also 12 months.

As of July 1, 2025, Virginia updated the law to allow either party to file for a “divorce from bed and board” immediately upon separation, provided there is clear intent to remain permanently separated. This form of divorce does not fully dissolve the marriage, but it allows the court to address custody, support, and property matters sooner — without waiting for the separation period to complete.

The court process after filing depends on the issues involved in the case and the schedule of the court. It can take anywhere between 6 months to 12 months after filing.

A no-fault divorce is based on a period of separation — either 6 months or 12 months depending on your circumstances. A fault-based divorce can be filed immediately if grounds exist, such as adultery, cruelty, or desertion. Fault grounds can affect how the court divides property and whether spousal support is awarded, so it is worth discussing your specific situation with an attorney.

Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers the length of marriage, each spouse's contributions, debts, and the circumstances of the breakdown. We work to ensure the most favorable outcome for you.

Not necessarily. If you and your spouse agree on all issues — property division, custody, and support — you may be able to complete an uncontested divorce without either party appearing in court. All the paperwork can be submitted to the court, and the divorce can be finalized without a court hearing. If there are disputed issues, a contested divorce will involve court appearances. Ms. Khan handles both types and will advise you on the most efficient path for your situation.

Yes. Virginia allows divorce even if one spouse refuses to participate. The timeline will depend on how your spouse responds to the filing — whether they ignore it, contest it, or engage with the process. Regardless, there are legal avenues available to move your case forward. Ms. Khan will guide you through the process and find the most effective path to get your divorce done, even if your spouse refuses to cooperate.

Before filing, you should: gather financial records (bank statements, tax returns, retirement accounts, mortgage documents), understand the assets and debts in both your names, make a record of living arrangements, and consult with an attorney. If children are involved, it is especially important to think about custody early in the process — the steps you take before filing can significantly impact your custody outcome. Decisions made early can affect all aspects of your case, and a consultation with Ms. Khan can help you start on the right footing.