Uncontested Divorce Filed for $395

You can file for divorce in Virgnia if one of the spouses is a resident of the state for at least six months and he/she has a legally acceptable reason for ending the marriage. If you want to file for no-fault uncontested divorce, you and your spouse must have lived ‘separate and apart’ for atleast six months if there are no minor children or for at least one year if you have minor children. However, if you file for at-fault divorce, you have to prove that your spouse engaged in certain kinds of misconduct like adultery, desertion for at least a year etc. In such cases, you cannot file for an uncontested divorce.

Virginia allows you to live ‘separate and apart’ under the same roof. However, there are certain conditionalities both of you need to follow. We can work with you to fulfil these legal conditions.

No. Our mediation services can help you resolve many of the disagreements and file a no-fault divorce. Our mediation services will help you divide your property and debts and the question of alimony. We can also help you resolve tricky issues such as child custody, visitation, and child support (if you have minor children). We can help you customize the standard parenting schedule to meet your individual needs.

Generally, the minor children must have lived in Virginia with one of the parents for at least six months (or since birth if the child is younger than six months) before you file divorce. However, you won’t be able to address custody-related issues with us if the affected child or children don’t meet the “home state” requirement.

Generally, you can file an uncontested divorce without the help of an attorney.

In Virginia, both parents have an obligation to support their children. Virginia has child support guidelines for calculating how much support the parents should pay. This depends on their income and custody arrangements as well as other circumstances. Our mediators can help you reach an acceptable agreement to support your child. However, the judge will review your agreement to determine if the amount of support is reasonable and is in your children’s best interests. If your financial circumstances change, you can modify the agreement and submit your written modified agreement to the court for the judge to approve.

You can agree to sell your jointly owned property such as the house or vehicles and split the proceeds or sell the house to the other spouse. Our mediators can also help you divide the bank accounts.

You may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions. Generally, if you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension, once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account. The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.

You and your spouse may waive any right to alimony in your Virginia divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.

You can file for divorce in any of the Virginia circuit courts. It is important that both of you agree where to file the divorce… so that it is equally convenient for both of you to commute to and from the courthouse. In most cases, uncontested no-fault divorces cases are decided without any hearing. However, courts can call you for a hearing in order to decide on some points.

The current filing fee for divorce in Virginia is $89. If you have financial difficulties, you may request a waiver by filing a Petition for Proceeding in No-Fault Divorce Without Payment of Fees or Costs. If your spouse has agreed to accept the divorce papers directly from you (by signing an Acceptance/Waiver of Service of Process) and has signed all of the appropriate documents (including the settlement agreement and proposed final divorce decree), the court may schedule a hearing on your divorce as soon a time slot is available on the court’s docket.