The Law Offices of Joseph T Brown PLC

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by Joseph Brown

Divorce Steps & Process in Virginia

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A typical Uncontested Divorce in Virginia can be submitted to the Court for entry of the Final Decree of Divorce in as little as two to three weeks depending on the time it takes for the other party to sign, notarize and return the necessary paperwork. Once the completed divorce is on the judge’s desk, the time it takes for the divorce to be reviewed and signed by the judge varies, but is usually less than two to three weeks. This is in addition to the time it takes to draft the documents and to have them signed, completed and forwarded to the Court, so the typical total time is approximately four to six weeks from start to finish.

The process of obtaining an Uncontested Divorce is as follows:
1. The client must complete the Divorce intake form and provide all of the necessary information required by law to complete the divorce. After the client completes the form, arranges payment and executes a contract to obtain the divorce, the initial documents are drafted;
2. The Complaint for Divorce is drafted and sent to the Clerk of Court of the appropriate court along with a confidential addendum that contains sensitive information about the parties and is kept under seal in the Court’s file. A check for the filing fee is also sent to the Court to open the case;
3. The Court will open a file and will send back a copy of the Complaint with a cover page that is used for service of process;
4. The Final Decree of Divorce is drafted and sent to the other party along with the service copy of the Complaint and a form that states the other party accepts service and waives future notice of the divorce filings. The other party then signs the final decree and signs and notarizes the acceptance/waiver form and returns them to the law office;
5. Affidavits that support the necessary findings for the divorce are drafted and signed in the presence of a notary and under oath. The Affidavits are usually signed by the Plaintiff (Client) and a witness who is over 18 years of age and can testify under oath to certain facts concerning the marriage and that the parties have lived separate and apart for more than 12 months, and that the person has been to the home of the Plaintiff and would have seen evidence of the parties living together if the Defendant was living there;
6. An additional form is prepared by the law office that will later be submitted to the Virginia Bureau of Vital Records to record the divorce;
7. The final decree, vital records form, affidavits and property settlement agreement, if applicable, are then sent to the Court for the judge to review and sign the Final Decree of Divorce, which divorces the parties and ends the case. If there are any issues of custody, visitation or support, they are often remanded to the local Juvenile and Domestic Relations court for future modification and enforcement.

Filed Under: Family, Slider Tagged With: divorce, divorce process, family law, uncontested divorce, virginia divorce

by Joseph Brown

Uncontested Divorce in Virginia

We offer fast, professional uncontested divorce services throughout the Commonwealth of Virginia. Our experienced legal team has been handling divorces since 2001. We can help you with all the legal procedures and requirements that are required to secure a divorce for you in the most efficient, practical and cost effective way possible.

IS AN UNCONTESTED DIVORCE RIGHT FOR ME?

To obtain an uncontested, no-fault divorce in Virginia, the following requirements must be met:
1. Separation. The parties have been separated continuously and without interruption for the required length of time, and at least one party has the intent to not reconcile the marriage;
2. Residency. At least one of the parties has lived in Virginia for at least six months before the divorce is filed;
3. Parties. Neither party is incarcerated (see costs section for this special situation), under 18, in the military on active duty (this can be waived by the servicemenber) or mentally incapable of handling their affairs;
4. Property. There are no issues of division of marital property that need to be determined by the judge. The parties have decided together how their property and debt is going to be divided, and have signed a written agreement, or Property Settlement Agreement (PSA) that describes their agreement. In other situations, there simply is no property or debt that needs to be divided;
5. Custody. There are no issues of custody or visitation that need to be decided by the Court. The parties can either include their custody and visitation agreements in their PSA, or it can be the subject of a prior court order;
6. Support. There are no issues of child support or spousal support that need to be decided by the judge. The parties have agreed on the amount of child or spousal support or it has already been determined by another court. In the case of spousal support, the parties can waive any support from the other;
7. Cooperation. Uncontested divorce requires both spouses to cooperate in the process. If the other (non-filing) spouse does not cooperate, then additional expenses may be incurred. See the Costs page for more details;

Uncontested divorces in Virginia can be started after the parties have been separated for more than 12 months, while at least one of them has no intent to reconcile. In situations where the couple has no children, and has signed a separation agreement, they only have to wait 6 months. You can find out more in the “Steps and Process” section of this website.

ADVANTAGE OF UNCONTESTED DIVORCE

Divorce in Virginia can take one of two possible paths. It can be a long, frustrating and expensive experience that divides the family, stresses the children, creates and perpetuates animosity and ill will between the former couple, costs the family tens of thousands of dollars, and creates wounds that take years to heal, if they ever do.

Divorce can also be a nearly stress-free experience where the parties are able to consider the needs of the other and to find common ground and make agreements that makes sense. People that find themselves in this situation are fortunate, as they can focus on the more important things in their lives, like the children and family, friends and loved ones, instead of enduring years of contested divorce.

COMMUNICATION IS THE KEY

Sit down. Talk. If you can’t talk use email, but find a way to communicate. Be nice. Put yourself in the other’s position and try to consider what they are saying from their viewpoint. Listen. Always keep in mind that it is better for the two of you to figure out all the issues that are part of the divorce than it is to have a stranger in a black robe listen to a day or two of testimony and evidence at trial and divide your property, decide custody and make all the other decisions that will impact you and your family for years to come.

When you can communicate you can figure out a solution that works. When you figure out a solution together both people have control over the outcome. In a successful negotiation and agreement, both parties will have made concessions and compromises, but they are rewarded with a solution that works for them and for the family.

Couples with children will benefit the most from being able to communicate with their former spouse. Their children are going to bond them together for the rest of their life. Beyond childhood and the raising of the children, once they are adults there are going to be weddings, graduations, grandchildren, family events, birthdays, etc. Even after divorce, the couple remain family because of their children, and that will never change. Learning to communicate and work together will benefit both parties for the rest of their lives. Divorce is the only legal adversarial process that is like this, and the parties who can effectively communicate and cooperate will understand and value this unique and enduring bond.

Filed Under: Family Tagged With: divorce, family law, uncontested divorce, virginia divorce, virginia divorce now

by Joseph Brown

Family Law in Virginia

  • Adoption
  • Child Support
  • Custody
  • Divorce
  • Protective Orders
  • Spousal Support
  • Uncontested Divorce
  • Visitation

When your family is involved in legal issues and court hearings you need someone on your side who can help you through those tough times with counseling and advice and to help you put your best foot forward in the courtroom. Family law issues can be complex, they can be difficult and at times heartbreaking. There is literally nothing more important in this life than your family and the people that you love. When family matters such as custody or divorce arise and can not be settled among the family the parties have to take those issues to the courts. While the courts are there to decide disputes, it is stressful and at times frustrating to have a stranger in a black robe decide fundamental issues about your family after hearing the testimony of witnesses of both sides for a few hours or days. If you have to go to court over a family law issue, you should have a lawyer to represent you and your interests. At the Law Offices of Joseph T. Brown PLC we have been providing family law legal services since 2001, and we know how to present your case in the best light possible to give you the best chance to achieve the outcome that is most important to you. No one can guarantee a certain result in a courtroom, but if you have to go to court you need effective and knowledgeable legal representation. The Law Offices of Joseph T. Brown PLC provides that effective, knowledgeable and aggressive representation that you need, with the respect and dignity that you and your family deserve. Call our office today for a low cost consultation with a lawyer who will help you achieve your desired outcome.

Filed Under: Family Tagged With: adoption, child support, custody, divorce, family law, protective orders, spousal support, uncontested divorce, virginia divorce, visitation

Give us a call to schedule a consultation

Call 540-786-7700 to schedule a consultation . We will schedule your consultation as soon as possible. Consultations for family law or civil matters are $200 for one half hour. Consultations for criminal matters are free. All consultations are completely confidential.

Your information will not be shared with third parties for any reason.

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.

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