6 Steps to Your Uncontested Divorce

Unless you’ve been through this before, you have no idea what to expect.

Let me take the mystery out of it for you and show you why our service will get you divorced in Virginia without a court appearance.

1.            It starts with our intake sheet and fee agreement. This is a form that we need returned that asks the questions we need to complete your divorce.  Contact us and we’ll e-mail or mail this to you at your request.

The fee agreement spells out what we’ve agreed to do and what you’ve agreed to pay. There are no hidden fees.

Once we have the intake sheet, fee agreement and the fee, we get to work.

2.            We draft the complaint and e-mail it to you for your review before filing.

3.            Complaint is then filed in the Clerk’s office, usually by hand-delivery within a business day of your hire.

4.            Once the Complaint is filed, we will send you the Waiver for your spouse to sign and have notarize. The Waiver is what allows us to complete the divorce within about 3 to 4 weeks. If they will not sign the Waiver, the process takes about 2 and half months.

5.            Once we have the waiver, we will take the deposition of you and your witness.  This takes about 10 minutes and takes the place of us having to go to appear in Court.  Depositions are factual questions about your separation period, and the details of your marriage.  Almost all of the questions are going to be answered by the intake sheet.

6.            Depositions are transcribed, Final Decree is drafted, Vital Statistics form is completed and your papers are filed with the Court.  From here, there is nothing to do but wait.  You are usually about 3 weeks from being divorced at this stage in the game.

See?  That wasn’t so bad.

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When Can I File?

Many people are confused about when they can file for divorce in Virginia.  I try to explain this below, assuming we are filing on no-fault grounds.  If you have questions, feel free to contact me.How long have you and your spouse been separated?

  • Under 6 months?  You can’t file yet, but you can enter into a property settlement agreement (“PSA”) at any time.
  • Between 6 months and 12 months?  You can file if you have a PSA and no minor children.
  • 12 months or more?  You can file at any time.

One of the parties will also have to have lived in Virginia for more than six months before filing as well.

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Uncontested Fees

Please see our Payment Options for our flexible arrangements that can get you started for as little as $100 down.

UNCONTESTED DIVORCE:

  • Uncontested divorce only (spouse to sign for papers): $450.00 plus court costs of $86.00
  • Uncontested divorce where spouse will not sign for papers: $550 plus court costs of $86.00 and service costs
  • Uncontested divorce by publication (performed only when spouse cannot be located): $650 plus court costs and newspaper publication fees
SEPARATION AGREEMENT – required if you been separated for between 6 and 12 months and you have no minor children
  • Separation Agreement with real estate AND children: $400.00
  • Separation Agreement with real estate OR children: $300.00
  • Separation Agreement with NO real estate or children: $250.00
MISCELLANEOUS SERVICES:
  • Name Change upon completion of divorce: $75.00
  • Child support guideline calculation: $25.00
  • Qualified Domestic Relations Order (“QDRO”) (per division) $450.00
  • Will, power of attorney and medical directive for post divorce $250.00
  • Deed of Gift, Quit Claim Deed or Deed Pursuant to Divorce Settlement: $150.00

Prices listed above are for UNCONTESTED DIVORCE services only. Every case is different, please contact us for more information.

PAYMENT OPTIONS

1. Payment in Full. - deduct 10 percent from the fees listed above.

2.  Partial Payment – Available only for divorce services, not separation agreement services.

Pay at least half of the total fee front and receive a 5 percent discount.  The remaining balance is due before the paperwork will be submitted to the Court for finalization.

3. $100 down, Extended Payment Plans. – Available only for divorce services where the spouse will sign the papers.

For $100 down we will file your divorce. You will then make 4 monthly payments and agree to have your debit/credit card charged each month until you are paid in full.  The divorce will not be finalized until you have paid in full. Of course, you can always pay in full at any time after the filing.

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What makes it Uncontested?

In Virginia, the grounds for a no-fault divorce or an uncontested divorce are called “living separate and apart.”In order to satisfy the necessary elements to obtain a no-fault divorce, the parties must have lived separate without  interruption for a period of 12 months or more.If the husband and wife have no minor children born of or adopted by the marriage and have a signed separation agreement, a no-fault divorce may be obtained after a separation period of 6 months.

No-fault divorces can be performed on a flat fee basis and can be concluded in a short turnaround if the parties can agree.

When disputes arise concerning child custody, visitation, support, alimony or property division this isn’t considered an uncontested divorce.