Answers to Frequently Asked Virginia Divorce Questions

What is required for an uncontested no-fault divorce in Virginia?

This is a divorce where both parties meet the statutory requirements for divorce in Virginia and have no contested issues. The ideal candidates for this type of divorce have entered into a separation agreement, have no children, and the non-moving party (the spouse who did not initiate the suit) has signed a valid waiver. The spouse who initiates the suit will typically appear in court and will be over in minutes. If the non-moving party is an active duty service member and wishes not to appear, you'll also want to execute an additional waiver to address this issue.

Should I hire a lawyer for an uncontested divorce?

The short answer is YES! The better question should be, "Why wouldn't you hire a lawyer for an uncontested divorce?" Plenty of online services will help facilitate this process for only a minimal investment. Most attorneys doing this work tend not to charge very much, either. Why not have an attorney with you for roughly the same price as doing something online? Let your attorney file the paperwork, deal with the waiver, and appear with you in court. It's worth the small investment if your situation would benefit from this type of proceeding. If you are comfortable working online, have everything worked out, and do not require legal advice, we have a low-cost online option with Frugal Legal Services. Of course, if you need legal advice, we can still meet at our prevailing hourly rate. The choice is yours!

What are the grounds for divorce in Virginia?

The Virginia Code outlines several fault-based grounds for divorce in Virginia. Among them are the standards such as adultery, imprisonment of a spouse for more than one year, abandonment for a year or more, and cruelty. You should speak with an attorney immediately if you have a valid ground for divorce. Some grounds mentioned above do not require a waiting period, and other ramifications may also be applicable. Long ago, divorces would only be granted when one of these fault-based grounds was present. More common these days is the no-fault divorce. Virginia recognizes this type of divorce. It is the most common type of divorce we see in our practice, even in contested matters.

Will I qualify for a no-fault divorce?

To qualify for this type of divorce, a few requirements must be met:

If there are children from the marriage, the couple must be separated for a year or more before filing. The couple must have been separated for this period with the intent to remain separate and apart, with no reconciliation possible. The same holds true for a couple without children from the marriage without a separation agreement. If a couple with no children from the marriage wishes to take advantage of a shorter duration of separation, there must be a validly executed separation agreement in effect. This shortens the period from one year to six months.

More often than not, contested divorces can drag out for a substantial period and cost a lot of money. It is usually recommended that couples seek mediation before litigation whenever possible, and the courts will often order the parties into mediation.

If you're facing divorce, you should consult a competent attorney today. If you feel there is any possibility for reconciliation, we can help you with selecting programs for married couples and counseling. When reconciliation does not appear to be within possible outcomes, call us at (757) 363-0077 to schedule a consultation.