Do I qualify for an uncontested or no fault divorce?

In order to qualify for an uncontested, or no fault 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;

 and either

(2) You and your spouse have been separated for one year or more and have not cohabited during that time period;

  or

(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.

If you have questions about whether you may qualify for a no fault divorce in Virginia, call our office at 703-822-4701 for a free consultation.

For more information, visit our website.

How long does it take to get a no fault divorce in Virginia?

The length of time it takes to finalize your Virginia no fault divorce depends primarily upon two factors.  First, whether your spouse agrees to waive service of process of the complaint and final decree of divorce.  Second, the length of time it takes for you to provide us with the information we need to prepare the necessary documents.  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, the court will typically take action on the filing within two to three weeks.

What if my spouse doesn't agree to waive service?

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.  Requiring service of process significantly lengthens the timeline for your divorce.  In that case, it will typically take between two and three months for your no fault divorce to be finalized.

What if I don't know where my spouse is?

If you do not know the whereabouts of your spouse and we are unable to locate him or her for the purpose of service, your Virginia no fault divorce can still proceed with service by publication.  Of course, this will further lengthen the amount of time it will take to finalize your divorce.  So, the timing depends primarily upon your spouse’s cooperation.

For more information on no fault divorce in Virginia, visit our website, or call us at 703-822-4701.

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 no fault divorce, this will not happen automatically in Virginia.  You must file for a name change with the Virginia court.  You can either file for a name change along with your no fault 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.

For more information on no fault divorce in Virginia, visit our website or call us at 703-822-4701.