There are two grounds under Virginia law for obtaining a no-fault divorce. If you have minor children, then you and your spouse must be physically separated for at least a year. If you have no minor children, or your children are grown, then a separation of six months is sufficient, provided you and your spouse have signed a separation agreement. If no separation agreement has been signed, then the one year separation is required. Click here to complete the online separation agreement questionnaire.
Our divorce services include drafting and filing of the complaint for divorce, the taking of evidence, and the presentation of a final divorce decree acceptable to the court. Once the case is filed, we prepare an “Acceptance of Service of Process and Waiver of Future Service of Process and Notice” which we send to the “defendant” spouse to sign. By signing it before a notary public, your spouse tells the court that he or she consents to you obtaining a divorce through this office. The final decree will incorporate any separation agreement. This incorporation makes the agreement enforceable as a court order so if either party violates the same, he or she could be held in contempt of court and pay the attorney fees of the non-breaching party. The decree will contain an order referring issues relating to the children, if any, to the appropriate Juvenile and Domestic Relations District Court.
There are two ways of taking evidence. If your spouse will not cooperate by signing and returning the acceptance and waiver, then we must schedule a deposition in our Afton office. The complaint and notice to take deposition are then served on your uncooperative spouse by a local sheriff. You then appear on the appointed day and we will take your deposition. You are in and out of the office in ten minutes or less. You will usually be divorced within two to three weeks of the deposition. We mail the court-certified copy of the divorce decree to you when we receive it from the court which mails one directly to your spouse.
If your spouse signs and returns the acceptance and waiver, then the procedure becomes very convenient because in that document, your spouse consents to the taking of evidence by affidavit. We will send one to you and your witness. Each of you sign the affidavit before a notary public and when we get them back, we submit them and a final divorce decree to the court for entry. The time frame for you receiving a court-certified copy of the final divorce decree is the same two to three week period.
Please feel free to call us at 540-943-0932 or contact us to ask us to send you the retainer letter and divorce information sheet. Sign and complete both of them and snail mail or email them to Bruce K. Tyler, P.C., 129 Afton Depot Lane, Afton VA 22920 or contact us, along with the appropriate check. We are able to send you a PayPal invoice if you prefer to pay by credit card; just let us know. OR you may sign the retainer letter and complete the divorce information sheet online and pay either $399, or $444 (if resumption of a former or maiden name is desired) by using PayPal.