From our experience, we know the Virginia uncontested divorce process can be confusing, so we are here to help. This FAQ section answers commonly asked questions and related information on various issues and topics. We encourage you to use this section as your resource, and then we invite you to request a consultation to discuss your questions about Virginia’s uncontested divorce in detail.
Uncontested divorces are often referred to as simple divorces. An uncontested divorce occurs when the couple agrees to obtain a divorce and the issues surrounding it. A contested divorce is when the spouses cannot agree on one or more issues, or one party does not want the divorce.
Uncontested divorce is quick because it is by agreement. Fighting in court can take a long time. For example, even the simplest motion can take months to be heard. In contrast, in an uncontested divorce, parties agree on all issues instead of fighting over minor issues. With our process, our clients do not even have to come to court.
Uncontested divorce is affordable because you do not have to pay a lawyer for endless court trips. For example, in a divorce where there is disagreement, a lawyer might have to go to court four or more times just for one motion filed with the court. And going to court doesn’t take just one hour – it can take half a day or longer.
With our process, we can offer a flat fee for an uncontested divorce in Virginia. This means that your costs in a divorce can be predictable – unlike hiring a lawyer to fight in court.
Starting an uncontested divorce Starting an uncontested divorce in Virginia can be very easy.
Below is the most simple explanation of the process:
1. Retain Virginia Family Law Center, PC, for a flat fee.
2. Give us information (date of marriage, date of separation, birth dates, social security numbers, etc.).
3. Review the documents that we provide to you.
4. Execute the documents with your spouse and a witness.
5. Send all the paperwork back to us, and we take care of the rest.
We get many calls from people who have heard that a divorce takes years, six months, or something else. They talk to uncles, friends, cousins – they hear all sorts of things. The best thing to do is call the Virginia Family Law Center, PC, to make it as simple as possible.
Many of the divorces we handle take less than one month from our first contact with a client to the day a court finalizes it. Sure, some take longer. And some are quicker. The point is that an uncontested divorce can be quicker than you think and can help you move on with life.
For the most part, online divorce websites make false promises and are dangerous – and therefore, they are a ripoff. Consider the following:
1. Foreign-owned: Some are owned by foreign entities. And they want you to input sensitive information. Does that seem like a good idea? Only if you don’t care if your identity is stolen.
2. Illogical: If you check out those websites – the ones that offer a divorce for $199, or $299, or something like that – you’ll notice they claim they produce documents for every state. How is that possible? Most counties in Virginia have different requirements! They don’t care – they’re just taking your money without responsibility.
3. Dangerous: Beyond the concern of identity theft, online divorce sites are otherwise dangerous. For example, one client of ours had previously used such a website, then realized it wasn’t a good idea. We reviewed the paperwork to be filed with the court. The paperwork contained addresses, full birthdates, social security numbers, and everything else needed for identity theft. In Virginia, all that information goes into private addendums that are not part of the public record.
4. Substance: The documents produced by online divorce websites are usually substantively deficient. And when we say usually – we mean almost always.
Virginia courts do not grant “legal separation”; in Virginia, to be considered “separated” for purposes of obtaining a divorce, the parties simply must not be living together as a couple. It would be best to prepare a Separation and Property Settlement Agreement where the date of separation is listed to prove the separation.
In Virginia, a final uncontested divorce may not be granted until the parties have been separated for at least one year if there are children born of the marriage. If the parties have no children and have signed a Separation and Property Settlement Agreement, the parties may proceed with the divorce after a six-month separation.
The process will take approximately 5 weeks to complete, the process will not require any type of court appearance.
You could pay a lawyer by the hour to represent you in your divorce. But, as you know, lawyers can be expensive. Further, if you are paying a lawyer by the hour, then it probably means you are fighting with your spouse. And that can take a long time and be more expensive than people think. Another disadvantage to paying a lawyer by the hour is that costs are unpredictable.
As uncontested divorce lawyers in Virginia, we handle dozens of uncontested divorces a year. In general, they are quick and affordable. And that’s because we can offer a flat fee to represent people in an uncontested divorce.
We can offer a flat fee because uncontested divorces involve a fairly predictable amount of work. And that’s because they are by agreement. If you want an uncontested divorce in Virginia, it is important to agree on all aspects of the divorce.
If you are interested in an uncontested divorce, we can generally quote you a flat fee after asking a few questions.
The total cost for a simple uncontested divorce will be $899*, which includes a standard Separation and Property Settlement Agreement. If matters like property, child support/custody, or spousal support need to be included, then additional nominal fees may apply.
*Plus $96 court costs. Additional fees may apply for property/debts, custody, and support.
If you want the cheapest divorce possible, you can do it yourself. It is your right to do so. But is it the best choice? Personally, we don’t think so. We don’t care if you hire us or another law firm. But please, don’t mess up your divorce. Consider the following:
1. Time off work: You will need to take time off work. You will likely go to court, request various documents, and then go back to file. When you file, there is a good chance you won’t file everything needed. Then, you will show up to court on the day you think your divorce will be finalized. You’ll find out that the judge won’t finalize the divorce because you have not met all the necessary requirements. That’s more time off work for nothing, which is a cost.
2. Cost: Some people don’t realize that even if they handle a divorce themselves, or “pro se,” there are other costs. For example, court costs. In Virginia, court costs can run upwards of $100. That’s true even if your divorce doesn’t go through, and you may have to pay that fee several times if you don’t get all the paperwork just right.
3. Frustration: Divorce is not as simple as many think; therefore, people who draft their legal documents often make mistakes. You will likely be very frustrated trying to determine what you need to file with the court.
4. Substantive problems: If you draft your own marital settlement agreement, you will likely have problems. For example, people think that just because only one person’s name is on a bank account, that bank account belongs to only one person. But that’s not necessarily true. If the money in the account was acquired during that marriage and was not a gift, then that bank account is the property of both married people (“marital property”).
At least one of the parties to the divorce action must have been and still be a resident and domiciliary of Virginia for at least 6 months before filing for divorce.
Virginia Family Law Center, P.C., is dedicated to working with you to secure your divorce as fast as possible. For your convenience, we have outlined the steps for uncontested divorces below, including standard uncontested divorces and uncontested divorces by publication.
Although each divorce is different, below are the steps on how our office will process your uncontested divorce to give you a general idea of the process:
If you cannot locate your spouse to file for divorce, you may have the option of an uncontested divorce by publication, where a notice is published in a newspaper for a few weeks. A copy of the order will also be mailed to your spouse’s last known address. If your spouse does not respond within a certain period of time, a judge may grant your divorce.
The following are the steps in an uncontested divorce by publication to give you an idea of the process:
A Separation and Property Settlement Agreement is a written contract between the parties presenting their rights, duties, and obligations arising from their separation and divorce. These may include the division of their property, spousal support, custody, and child support. Separation Agreements are not required in divorce, though they are highly recommended.
Ensure we’re the right fit for you and your needs. Feel free to ask questions or schedule an appointment with us.
Allison was very helpful during my divorce. She answered all the questions I had.
I cannot express enough gratitude for the outstanding service I received from Virginia Family Law, particularly from Mr. Anthony Herrera, paralegal, and Mr. Bruce Eells, attorney. From the moment I reached out to them last year regarding my legal matter, I felt supported, informed, and...
I had an excellent experience working with the Virginia Family Law Center, specifically Sharie Albers. Sharie and her team were in constant communication with me and provided excellent counseling throughout the process. I would definitely recommend working with this firm.
Ysabel and Alison were absolutely amazing in helping me through my divorce. They were both very responsive to me, quick to file with the courts, and happy to accommodate me. I would happily recommend them for any future family law.
I thought they did a great job. They were there every step of the way and helped with any questions I had. They didn't rush me off the phone and gave me an all-around great experience. Thank you all for your help.
The team at VFLC handled my uncontested divorce beautifully. They were clear in their communications, specific in their instructions, and compassionate in their demeanor. Thanks especially to Allison for all your help!
I am grateful to have met Ms. Sharie Albers and Mr. Anthony Herrera. They helped me resolve what I needed to get done. This is the most professional, fair, and honest place I’ve encountered. I will return to this law firm if I ever need...
Knowledgeable, kind, and professional. Could not have asked for more! Would recommend them to anyone needing representation in a family law situation.
Great communication and attention to detail. Friendly and knowledgeable team. I reached out for information and was helped quickly. I met with Sharie, who answered my questions and provided me with the guidance I needed. Highly recommend.
Bruce Ellis and his team at their law firm are exceptional! Their deep expertise in family law and personalized approach to client service stood out to me. They provided clear guidance, were highly responsive, and demonstrated integrity throughout. I highly recommend them to anyone seeking...
I cannot express enough gratitude for the outstanding service I received from Virginia Family Law. From the moment I reached out to them last year regarding my legal matter, I felt supported, informed, and confident in their ability to handle my case with professionalism and care.
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Virginia Family Law Center has served the Northern Virginia region’s Family Law needs for over two decades. Give us a call at 703-865-5839 or schedule a consultation by filling out the form below.
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