Frequently Asked Questions About Uncontested Divorce*
1. What is the best way to get started on my uncontested divorce and what is the process with your firm?
We do not charge for consultations and you are under NO OBLIGATION until such time as you sign a written contract and make a partial payment. The best way to initiate the process with our firm is to CONTACT US with the information we require to process your divorce either ONLINE (via secure SSL encrypted form), by phone or in person so that we are able to determine if you qualify and assist you in an expeditious manner. Thereafter, you should meet with one of our attorneys for a FREE CONSULTATION to review your situation. Because of the efficient use of software, if you have provided us with the required information prior to your meeting with an attorney, you may in most cases sign your divorce complaint on the day of your appointment. Your case will generally be filed in the Fairfax County Circuit Court on the following business day. Irrespective of the County you or your spouse live in, your case can be filed in Fairfax as long as either you or your spouse meet the Virginia residence as well as other requirements discussed previously. We generally file our divorces in Fairfax due to the efficient nature of that venue. After filing, if your spouse is willing to sign a waiver of notice, we can schedule a brief deposition hearing as soon as the waiver has been signed. A brief deposition of you and a witness (or two witnesses) will be taken by us at the location most convenient to you: 1) Our Fairfax County offices (in person); 2) ReportersDot.com in Norfolk (by telephonic deposition); 3) Huseby Court Reporters in Richmond (by telephonic deposition); or 4) Pierce Court Reporting in Roanoke (by telephonic deposition). Other locations are available by special arrangement. If your spouse is unwilling to sign but his/her location is in Virginia, then we will have to serve your spouse personally with the bill of complaint, notice of deposition, and notice of presentation of the final decree. If your spouse resides at an unknown location (and you are unable to locate him/her through the exercise of due dilligence) or resides outside the state of Virginia, then we may satisfy the service requirement by publication.
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Bernhard & Gardner - Attorneys at Law
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2. Why does your service not require my court appearance when other lawyers tell me that I have to go to court?
Instead of having you go to court, we conduct a brief deposition hearing at our office with only a court reporter present. A transcript is submitted to the Court along with your divorce decree for the Judge's review and signature. We developed this service for the convenience of our clients who prefer to avoid a public hearing and also having to take excessive time off from work.
3. Why are your fees so low?
Since its inception, our law firm has had a commitment to provide the highest level of service at an affordable price. Our prices can rarely be matched by our competitors, thereby benefiting the clientele. We charge less because of this commitment, a streamlined efficient procedure, and the sophisticated use of software which reduces our costs. Our prices include our costs incurred for filing, hearing transcript (since there is no court hearing), name change (where applicable), sheriff's service (3 times), and publication (1 time). Depositions done by telephone cost extra and you will be advised prior to executing a retainer of the exact cost without obligation.
4. If my spouse and I would like to enter into an agreement settling issues of child custody, child/spousal support, and/or division of property can we do so at any time and do you provide such a service?
You can enter into such a settlement agreement at any time. We suggest you CLICK HERE to download and print our PDF formatted questionnaire to fill it out and bring with you to your FREE initial consultation with one of our attorneys. You may alternatively also fax us the completed form, consult with our attorneys via telephone, and pay for and receive your agreement via mail. Upon submission of the form we will provide you with a reasonable NO OBLIGATION fee estimate for this service based on the complexity of the terms of your agreement. If you require us to negotiate with your spouse or his/her counsel, such service will be at an additional hourly cost to be agreed upon in writing.
5. Does the Court require I present any documents to get divorced?
No. Our experienced staff will tell you precisely what information we need to complete your divorce. We generally ask you provide us with some sort of corroborating identification.
6. Do I need a witness to get divorced?
Yes. Virginia law requires that your separation be corroborated generally through a witness who is not your spouse.
7. How long do I need to have resided in Virginia to be able to file a Virginia divorce?
Generally, you or your spouse must have resided in Virginia for the 6 months preceeding the filing of your divorce complaint. Physical absence for periods of time during the 6 months does not necessarily divest Virginia of jurisdiction if you or your spouse have considered yourself a full-time legal resident of only Virginia, and maintain a Virginia residence or are a member of the armed forces of the United States. Our attorneys can advise you as to whether you may file your divorce in Virginia.
8. How long do I need to be separated before I can get a divorce?
Generally, you must have been separated without further cohabitation for 1 year. If you do not have minor children with your spouse and your spouse is willing to sign an agreement, you need only be separated for 6 months to qualify for a divorce.
9. Do I need my spouse's consent to obtain an uncontested divorce?
No. You can get a divorce even if your spouse does not consent. Service can be accomplished by sheriff for in-state spouses or by publication if your spouse's location is out of state or unknown. If your spouse rather than just not consenting, is contesting the grounds of divorce, division of property, or child custody or support, we will not handle the contested divorce but will refer you to other counsel who do accept such work.
10. If I or my spouse are in the military service of the United States, can you still handle my divorce in Virginia?
Our office operates under the philosophy that we must assist the men and women defending our country, not put additional obstacles in the way of their obtaining divorce services. We routinely handle uncontested divorces for our valued clients serving around the world in the U.S. armed services. We have represented a number of military clients serving in Iraq, Afghanistan, Germany, England, Korea and even in the middle of the Pacific Ocean. Virginia law broadens the residency definition for military personnel: if the client was stationed in Virginia for at least 6 months immediately prior to deployment, or if ship's home port is Virginia, the soldier or sailor is deemed a resident of Virginia for purposes of filing for a divorce. Our flexibility in conducting the required depositions via telephone with alternate witnesses located in the U.S., as well as other innovative aspects of our service has enabled our military clients to obtain their divorce even when based oversears or outside of Virginia, without the necessity of returning stateside. The handling of a military divorce in Virginia requires addicional knowledge beyond the laws applicable to civilian divorces. For instance, divorce procedures must comply with certain rights of the defendant spouse who is in the active military, under the federal Servicemembers Relief Act. Division of military pensions are subject to different rules, as are alimony and child support.
11. How long will my divorce take to complete?
Our work will be done quickly. Your case will generally be filed the day after you sign your complaint in our office and assuming your spouse signs a waiver, a deposition may be had within a few days thereafter. The specific length of time for completion depends on factors which are out of our hands such as the signature of your decree by the Judge which in turn depends upon the efficiency of the court itself. Publication cases, because of required wait times, generally take 2 1/2 to 3 1/2 months to complete. Attorney ethics require us to refrain from making specific promises about the court process since it depends on the actions of others not under the control of the attorney.
12. Can I get an annulment instead of a divorce?
Short duration is not a ground for annulment of a marriage in Virginia. The grounds for annulment in Virginia are limited and include the following examples: the marriage was not performed under a license and solemnized (in non marriage by common law states); either spouse lacked legal capacity to marry due to age or mental incapacity or infirmity; the marriage was the product of fraud or duress; the marriage was entered into prior to the dissolution of an earlier marriage of one of the parties; the marriage is between an ancestor and descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption; the marriage is between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood; either spouse suffers from natural or incurable impotency of body existing at the time of entering into the marriage contract; when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony; when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage; or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute. Because of the significant difficulty often associated with proving an annulment, it may be a viable option to conduct a divorce instead even if you believe you qualify for an annulment. Bernhard & Gardner does not handle annulments but we will be glad to refer you to other counsel who do accept such work.
13. Will my divorce be considered valid outside the United States?
Under Virginia law you may obtain a divorce irrespective of the state or country wherein you married. Although some countries will honor an American divorce under the principle of comity extant in international law, other countries may not. If you are seeking a divorce that is valid in another specific country, we recommend you consult with an attorney who is certified to practice law in that country or the applicable local embassy to determine whether your Virginia divorce will automatically be valid, or must be enrolled through a civil process in the foreign country, or will not be recognized at all.
14. Why should I choose Bernhard & Gardner over an online document preparation service?
We provide you full service, personalized attention from our respected attorneys, and generally accomplish your divorce with little hassle and without the necessity of your court appearance, at a price after costs which approximates that of some of the document preparation services. Because of the intricacies of local court practices and the sometimes changing nature of procedural requirements, it is often difficult for persons to handle their divorce without the assistance of a qualified attorney. You have nothing to lose by CONTACTING US without obligation for a FREE CONSULTATION either ONLINE (via secure SSL encrypted form), in person, on the phone or by email. While we are not in the practice of evaluating the efficacy of the services, we have seen from past clients who have first tried the online preparation route, that they have had to waste time and money before having us efficiently and successfully handle their divorce.
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