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Commonly Asked Divorce Questions

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  • Q1
  • What is a "no fault" divorce?
  • An "uncontested" or "no fault divorce" describes a situation where individuals have decided to obtain a divorce without contesting issues of property or child custody. Uncontested divorces can often save people time, money, and heartache because it streamlines the process of obtaining a divorce.

    Although uncontested divorces can be more efficient, there are still certain statutory requirements that must be met before a divorce can be finalized. They are as follows:

    • The Parties must be separated from one another. The length of time of the separation depends on the following:
      1. If the Parties do not have minor children and have entered into a Separation Agreement, then the Parties must be separated for six months before a divorce will be finalized.
      2. If the Parties have minor children, then the Parties must be separated for a year before a divorce can be finalized.

    Don't let this statutory time period stop you from calling us. There are steps we can take today that will expedite the process once the statutory time period for the separation has been met.

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  • Q2
  • Can I use your services although I'm located in a different part of Virginia than your primary office?
  • Yes. All of our consultations will likely take place via telephone, email, postal mail, and electronic video teleconferencing services. As a result, to be eligible for these services it is required that you have regular & reliable access to email and the internet.
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  • Q3
  • How much does it cost to obtain a divorce through Virginia No Fault Divorces?
  • Our goal is to provide the most cost-effective pricing for uncontested divorces. As a result, our pricing is only available by contacting our office. Please contact us to get started.
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  • Q4
  • What services do I receive after paying your fee?
  • At the end of the process you will be legally divorced from your spouse. My fee is a one-time payment that must be paid in full before services are rendered. You may contact our office to inquire as to what the fee is. The one-time fee covers the following: The drafting of the complaint for divorce, all court costs, the drafting of a separation agreement according to your instructions, the drafting of the Plaintiff's affidavit, the drafting of the witnesses' affidavit, the drafting of a final order of divorce, the drafting of a change of name petition and order (if requested), and the submission of the VS-4 form to the Virginia Department of Vital Statistics, as well as all legal advice relating thereto.
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  • Q5
  • Are court costs included in your one-time fee?
  • Yes, our fee covers all costs.
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  • Q6
  • Will I be represented by an actual attorney?
  • Yes. This is not a 'do-it-yourself' divorce service. This is a law firm that provides legal advice and divorces pursuant to the Code of Virginia as enacted by the Virginia Legislature. You will be working with an attorney licensed to practice law in the Commonwealth of Virginia, which ensures that your divorce will run as smoothly as possible.
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  • Q7
  • Since my spouse and I are obtaining this divorce, are you the attorney for both of us?
  • No. I will be the attorney for the party that signs the representation agreement included herein. I will provide legal advice to, and take instructions from, the Spouse that signs the agreement.
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  • Q8
  • Why can't you be the attorney for both of us?
  • Due to the rules and ethical obligations that guide the legal profession.
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  • Q9
  • What will happen if my spouse and I begin disagreeing during the divorce process and the divorce becomes contested over property, child custody, or spousal or child support?
  • You shall immediately notify me, and then I will withdraw as counsel for my client. Any fee that has been paid will be returned, less $500.00 for my expenses. I will advise my client to obtain a new attorney. In the representation agreement you sign, you will see one of the terms of my representation is the ability for me to unilaterally withdraw under these circumstances.
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  • Q10
  • What will happen if my divorce does not become finalized?
  • You will be refunded any fees paid, less $500.00 for my expenses. Under certain circumstances, you may be entitled to a full refund.
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  • Q11
  • In which Court will my Divorce take place?
  • The Virginia Legislature has enacted rules that guide the determination of jurisdiction and venue. In general, the divorce will likely be obtained in the Circuit Court for the County where the spouses last lived together as husband and wife, or where the Defendant spouse presently lives. However, there may be other options depending on the unique facts of your case.
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