John T. Frey,
Clerk of the Court
Beginning October 1, 2022, the Fairfax Circuit Court will no longer accept Requests for Ore Tenus Divorce Hearings in uncontested divorces. In lieu of a hearing, parties filing for an uncontested divorce should submit a Party Affidavit that complies with §20-106 of the Code of Virginia. If a party wishes to set a hearing for an uncontested divorce proceeding and present evidence, they should contact the Calendar Control Judge to set a trial date.
To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce.
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. You are strongly encouraged to hire an attorney.
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12000 Government Center Pkwy
Fairfax, VA 22035