Uncontested Divorce in Virginia

Uncontested divorce is quick because it is by agreement. Fighting in court can take a long time. For example, even the most simple motion can take months to be heard. In contrast, in an uncontested divorce, instead of fighting about small issues, parties agree on all issues. With the process we use, our clients do not even have to come to court.

Uncontested divorce is affordable because you do not have to pay a lawyer for seemingly endless trips to court. 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 the process we use, 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 it is finalized by a court. 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.

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. To prove that kind of separation, it would be best to have a Separation and Property Settlement Agreement prepared where the date of separation would be listed.

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. In the event that 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 absolute 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 own divorce. Consider the following:

At least one of the parties to the divorce action must have been and still be a resident and domiciliary of the State of Virginia for at least 6 months prior to 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.

Standard Uncontested Divorce

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:

1. We will prepare a Legal Services Agreement for your review. This is the contract between you and our firm that explains the fees associated with your case and our policies. Once signed, payment is required to initiate your case.
2. One of our experienced attorneys prepares and reviews the parties’ Separation and Property Settlement Agreement.
3. Once the Separation and Property Settlement Agreement is signed by both parties, your attorney will file the “Complaint for Divorce.”
4. The court will provide us with a case number and your attorney will prepare final divorce documents, including an Acceptance of Service/Waiver of Notice, Plaintiff Affidavit, and Witness Affidavit.
5. Once all final divorce documents are signed, your attorney will file them in court along with the “Final Order of Divorce” and request that the judge review and finalize the case.

Uncontested Divorce by Publication

If you cannot locate your spouse in order 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:

1. As with a standard uncontested divorce, you’ll need to review the Legal Services Agreement, which will outline our fees and policies. Once signed, we will require payment to move forward with your case.
2. One of our attorneys will prepare an affidavit and Order of Publication for your review and signature before a notary public.
3. Once you sign the affidavit, our office will file the “Complaint for Divorce”  based on a one (1) year separation between you and your spouse.
4. The court will provide us with a case number and your attorney will prepare the final divorce documents, including the plaintiff’s affidavit and witness affidavit (these will be signed later in the process).
5. Once all final divorce documents are signed, your attorney will file them in court along with the “Final Order of Divorce,” and request judicial review and finalize the case.

A Separation and Property Settlement Agreement is a written contract between the parties that presents their rights, duties and obligations that arise out of their separation and divorce. These may include such things as the division of their property, spousal support, custody, and child support. Separation Agreements are not required in the divorce process, though they are highly recommended.