Frequently Asked Questions
In some cases, Virginia allows for a simplified divorce process if the parties have been separated for the required period and agree on everything. If everything is in agreement, the divorce can often be finalized faster, even within a few weeks after the separation period is over.
Separation Period: In Virginia, for a no-fault divorce (the most common type), you and your spouse must live separately and apart for at least six months if you have no minor children, or one year if you have children.
Filing the Divorce: Once the separation period has passed, you can file a petition for divorce. If all the paperwork is in order and uncontested, a judge can issue the divorce decree, typically within a few weeks to a couple of months.
Uncontested Divorces in Virginia is when both spouses agree on all issues (like property division, custody, and support), and the separation period has been met. An uncontested divorce can be finalized relatively quickly, usually within a few weeks after the required waiting period.
A divorce separation is typically understood as the period during which married individuals live apart in anticipation of, or as part of, the divorce process. However, the specifics of what constitutes a “separation” can vary depending on the legal context and jurisdiction. Here’s a breakdown of what generally constitutes a separation and how it relates to divorce:
- Living Apart: The most common form of separation is when the spouses begin living in separate households and at least one of the spouses intends for separation to remain permanent. This physical separation can be temporary or long-term and is usually a precursor to divorce.
- No Cohabitation: Separation often means that the spouses stop living together and cease marital intimacy and presenting yourselves as a couple. Even if spouses remain living under the same roof, if they live in separate rooms and maintain separate lives, this might still be considered a form of separation.
To ensure a quick filing and eliminate the need for court appearances, with your consent, the divorce decree will be submitted to the Chesapeake Circuit Court. Virginia law
permits a divorce to be filed in any court in the state, so long as neither party objects.
If you’ve exhausted all options and still can’t locate your spouse, filing for a divorce by publication may be your only option. This allows the court to consider your divorce request after you’ve made reasonable attempts to notify them, usually through a newspaper or public notice.
Each jurisdiction has different rules, so it’s important to follow the local guidelines carefully. Our attorneys will handle the process.
Publishing a divorce in a newspaper is a legal requirement, particularly if one spouse cannot be located. This ensures that the public is notified, which provides an opportunity for the absent party to respond. The legal process for publication can incur fees, as it may require specific procedures to meet the standards set by the court.
Publishing a legal notice in a newspaper or public bulletin involves paying for the space. Newspapers typically charge high fees for these kinds of legal announcements because they require a formal, standardized format, and it might need to be published multiple times over a set period to qualify with the courts appropriately. These fees vary depending on the publication’s reach and circulation.
Our office serves the entire Commonwealth of Virginia including Alexandria, Annandale, Arlington, Charlottesville, Chesapeake VA, Dale City, Fairfax County, Falls Church, Fredericksburg, Hampton, Harrisonburg, Loudoun County VA, Lynchburg, Manassas, Newport News, Norfolk, Portsmouth, Prince William County VA, Roanoke, Richmond VA, Suffolk, Vienna VA, Virginia Beach, Williamsburg, as well as Military Divorces.
FastVirginiaDivorce.com brings over 25 years of experience in handling divorce cases in Virginia, providing expert guidance throughout the process.
If your spouse doesn’t sign the divorce papers, it can complicate the process, but it’s still possible to move forward with the divorce. Unfortunately, you won’t be able to proceed with FastVirginiaDivorce.com for your case. However, our affiliated firm, The Law Offices of Daniel J. Miller, can assist you with your case if you’d like. Please note that the case would shift from a flat fee structure to an hourly rate, making it a more expensive option.
Yes, FastVirginiaDivorce.com can still assist you. However, additional documentation will be required, and you may not qualify for the lowest pricing. We can offer an alternative service tailored to your needs. Please email us at [email protected] to find out what’s required. You will need to provide a court order for revision so we can determine if you qualify for our other affordable services, which are not advertised on our main website.
Please note: Although the divorce may be finalized, it will not resolve issues regarding Spousal Support, Equitable Distribution and other factors pertaining to a divorce.