No Fault Divorce Attorneys
Serving All of Virginia
$399.00 plus filing fees and court costs
Fast • Affordable • Professional • No Court Appearances
Are you seeking a no fault divorce in Virginia? Henson Pachuta, PLLC provides an efficient and cost effective service by streamlining the process of divorce in cases that are truly uncontested, or what is commonly referred to as a “no-fault divorce.” An uncontested or no fault divorce can be beneficial when a couple has been able to work together and resolve their disputes. A no fault divorce can save time, money, and can often leave the parties relationship more intact than a contested divorce. We pride ourselves on a client-centered approach to practicing law, and believe that those who have come to an agreement with their spouse to divorce deserve to move on with their lives as soon as possible. If you are in this situation, you probably have questions, and we hope that we can clarify the process of receiving a no fault divorce in Virginia.
If you would prefer to talk with one of your attorneys, we offer free consultations at (703) 822-4701.
Do I qualify for an uncontested or no-fault divorce in Virginia?
In order to qualify for an uncontested divorce in Virginia, you must meet the following criteria:
(1) You or your spouse have been a resident of Virginia for the 6 months preceding your filing for divorce;
(2) You and your spouse have been separated for one year or more and have not cohabited during that time period;
(3) You and your spouse have been separated for six months and have not cohabited during the time period, you have no children together, and you either have no property or support issues to dispose of or you have executed a property settlement agreement.
Do I have to appear in court or testify before a Judge for my Virginia divorce?
You do not have to appear in court for your Virginia no fault divorce. You and a corroborating witness must present evidence to the court to establish a number of requirements in order for the court to enter a divorce in your case. That evidence includes information such as the date and location of your marriage, the date on which you and your spouse separated, and that you have not cohabited with your spouse during that period of separation. The court may receive that evidence in court or by deposition. By offering that evidence to the court by deposition, we can eliminate the need for you and your corroborating witness to appear in court, which can be stressful and time consuming.
How long does it take to get a no fault divorce in Virginia?
The length of time it takes to finalize your no fault divorce depends primarily upon two factors. First, the length of time it takes for you to provide us with the information we need to prepare the necessary documents. Second, whether our firm is able to contact your spouse and your spouse agrees to waive service of process of the complaint and final decree of divorce.
Once we have the necessary information, we can prepare and file your complaint within two business days. We will then arrange for your spouse to sign the waiver of service form and file the waiver along with the remaining documents with the court. After all the necessary documents have been filed with the court, the case is out of our hands and there is nothing left to do but wait for the court to review our filing. While we can not make any promises as to how long it will take for the court to process your divorce because it is not within our control, the court will typically take action on the filing within two to three weeks.
If your spouse will not agree to waive service of process, we must serve him or her with both the complaint and the proposed final decree, which significantly lengthens the process. In that case, it will typically take between two and three months for your divorce to be finalized. If you do not know the whereabouts of your spouse and we are unable to locate him or her for the purpose of service, we will proceed with service by publication which will further lengthen the amount of time it will take to finalize your divorce. So, the timing depends primarily upon your spouse’s cooperation.
Will my name automatically be changed as a result of getting a no fault divorce in Virginia?
If you want to revert to your maiden name after receiving your divorce, this will not happen automatically. You must file for a name change. You can either file for a name change along with your divorce and have both of the cases taken care of at the same time, or you can wait until after the divorce and file for a name change separately.
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