BERNHARD & GARDNER
Attorneys at Law
EASY VIRGINIA DIVORCE.com
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6105-D Arlington Blvd. Falls Church, VA 22044 (703) 538-4710
Frequently Asked Questions1) What does your law firm do?
We will meet with you, review your situation and necessary documents, advise you of your right, prepare your Complaint and other necessary court papers for you and file them. Once we have obtained legal service on your spouse, we will schedule a divorce hearing in the privacy of our office for you and your witness. Following the hearing, we will file the Final Decree of Divorce in the Court, and forward you an official certified copy once it has been signed by the Judge.
2) Am I eligible for a Virginia Divorce?
You should consult one of our Attorneys to determine if you qualify for our uncontested divorce service. Among the minimum requirements are the following:
You OR your spouse must be residents of Virginia for at least 6 months preceding the filing of your divorce papers with the court, AND
You must have been intentionally separated without cohabitation for at least 6 months, have a signed property settlement agreement and no minor children, OR You must have been intentionally separated without cohabitation for at least 1 year and have no contested spousal or child support, child custody or division of property issues to litigate, or have resolved all such issues by a signed property settlement or separation agreement.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 (a place to live) 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.
3) 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.
4) My spouse and I are still living in the same house, but in separate rooms. Are we considered "separated" for divorce purposes?
Virginia law requires the parties to be separated without cohabitation for the required period of time. "Cohabitation" does not mean just sexual relations, but includes a variety of actions between people living together: mutual grocery shopping, child rearing, laundry, paying joint bills, preparing meals, doing house cleaning and repairs, lawn care, etc. To prove a couple has not cohabited even while living under the same roof requires additional evidence, almost to the extent a third party must live in the same house the entire time of separation. Because this is a gray area of the law, and because of the evidence needed to prove the separation has been continuous and without cohabitation, many attorneys will not file a divorce case while the parties are still living under the same roof. If you believe you have the necessary evidence to prove there has not been any cohabitation, please CONTACT US to discuss your situation.
5) I am in the military and deployed overseas or stationed outside of Virginia. Do I still qualify for a Virginia divorce?
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 his/her ship's home port is Virginia, the soldier or sailor is deemed a" resident" of Virginia for purposes of filing for a divorce. The handling of a military divorce in Virginia requires additional 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' Civil Relief Act. Division of military retirement pay is subject to different rules, as are alimony and child support
Our office operates under the philosophy 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. 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 overseas or outside of Virginia, without the necessity of returning stateside. We will be glad to handle your divorce.
6) How long will my case take to complete?
Our work will be done quickly and as fast as possible. If you submit your information online or via telephone, you can in many cases sign your Complaint on the date of your first appointment at our office. Assuming you meet all the requirements and your spouse timely signs a Waiver of service of process and notice of further proceedings, we can in most cases file your Complaint, conduct a brief deposition, produce and file a transcript and Final Decree in the Court within as little as four business days of the signature of your Complaint. The specific length of time for the Court to sign your Decree depends on factors which are out of our hands, such the efficiency of the Court itself. Publication cases are different, and 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. We, however, pride ourselves in providing a speedy convenient service which does not require you attend a court hearing or lose a day from work. Please consult us for a time estimate applicable in your case and have ready if possible any property settlement agreement you might have previously executed.
7) 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.
8) Do I have to have a written agreement to get divorced?
Maybe. If you are filing for a divorce based on a 6-month separation, and have no minor children with your spouse, then Yes, you have to have a written agreement signed before the divorce papers are filed with the court.
If you are filing for a divorce based on a separation of 1 year or more, even if you have children, then No, you do not have to have a written agreement to get divorced. But you may want one to divide your property or debts, determine child custody and the amount of child support, and/or to determine or waive spousal support (alimony).
9) 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.
10) What is included in your fee?
The following charges are included in our fee quotes: court filing fees, hearing transcript (unlike some firms which charge extra for the transcript), attorney and paralegal fees. Because extra court fees are charged or because extra work is required, there will be a slight additional fee for service by publication, sheriff service, name change or incorporating a property settlement agreement into the Final Decree of Divorce. Depositions conducted outside of our office or done by telephone cost extra. You will be advised prior to executing a retainer agreement (contract with out office) of the exact costs involved with your case, without obligation, and can decide at that time whether to engage our services.
11) Why don't I have to go to court, when other lawyers tell me a court hearing is required?
Instead of having you go to court, we conduct a brief deposition ("hearing") in the privacy of 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 who do not wish to take excessive time from work.
12) What is a "telephone deposition"?
If you qualify for our service, you are not required to attend a hearing at the courthouse. A brief deposition of you and a witness (or two witnesses) will be taken by us at the location most convenient to you like: 1) Fairfax County: Our offices (in person); 2) Norfolk: ReportersDot.com (via telephone); 3) Richmond: (via telephone); or 4) Roanoke: Central Virginia Reporters (via telephone). Other locations are available by special arrangement. We are committed to endeavoring to provide you with the best, most convenient, Virginia uncontested divorce service which includes serving those for whom the only practical way to obtain a divorce is using telephonic depositions, including but not limited to our valued clients serving in the Military Service of the United States or stationed overseas. A telephone deposition takes the place of having a hearing in our office or at the courthouse.
13) 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. But your spouse has the right to receive legal notice of the divorce case. 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.
14) Can I email you a question?
Yes! We invite you to send us an email with any questions you have about your situation. Our attorneys strive to reply to your emails within 24 hours, but our response may be delayed by our duties in court or other matters. You are also invited to call us with any question you may have. Our knowledgeable staff can answer many questions and arrange an appointment for you at a convenient time. Just click here to CONTACT US.
15) Is there a difference between a "Property Settlement Agreement" and a "Separation Agreement"?
No. These agreements go by many names, but are generally the same. They can be called "Property Settlement Agreement", "Marital Separation Agreement", "Separation Agreement", "Mutual Agreement to Separate", etc. Generally they should include language that the parties have agreed to live separate and apart, have agreed to issues of child custody, child support, spousal support ("alimony"), and division of all marital property and debts. Virginia law has some particular requirements of what should and should not be included in these agreements. Please contact our office to discuss more fully what you should and should not include in the agreement.
16) What are some of the reasons I need a Property Settlement Agreement prepared by Bernhard & Gardner?
Some of the reasons a professionally drafted property settlement agreement is highly advisable include but are not limited to when you or your spouse: have or need to declare bankruptcy, own real estate, have retirement funds or a 401K or other pension (including military retired pay), have a securities or investment portfolio, have debts, are in the military service of the U.S., have minor children, are physically or mentally ill, have not worked during the marriage, own a business, have a dispute over possession or ownership of property, purchased assets or had a child after separation. Problems we often encounter in reviewing property settlement agreements drafted by non-attorneys and even some lawyers include by way of example: failure to divide the marital home and/or mortgage properly, failure to divide retirement funds or business assets properly, failure to provide for spousal or child support, failure to assure full financial disclosure, failure to address division of debts and bankruptcy, failure to address continuing ownership of joint properties and other future contingencies, improper inclusion of sensitive identifying or financial data, improperly executed or notarized documents, an agreement which constitutes a contract of adhesion or is otherwise vulnerable as being voidable. At Bernhard & Gardner, if you provide us with the information required in our Property Settlement Questionnaire, we will provide you with a free no obligation estimate of the cost of drafting an agreement for you. Our estimate will be based on the complexity of your agreement and not on the level of your wealth. Your agreement will be drafted personally by the managing partner of the firm, Cheryl E. Gardner, a lawyer with over 23 years of experience.
17) If my spouse and I would like to enter into an agreement settling issues of child custody, child or 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 before filing or during the divorce case (before the Final Decree is presented to the Court). We suggest you CLICK HERE to download and print our PDF formatted Property Settlement 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.
18) What does it mean to "incorporate" a property settlement agreement into a divorce?
A Property Settlement Agreement is a written contract between you and your spouse, and can be enforced in civil court like any written contract. "Incorporating" the agreement into the Final Decree of Divorce gives the contract additional enforcement mechanisms; all the provisions of the agreement become separate orders of court, and can be enforced through the court's contempt powers.
19) Do I have to incorporate my agreement into the divorce?
This depends upon the language of your agreement. If you have already had an agreement prepared, check it carefully to see if it has to be incorporated into any divorce action or presented to the court. The language of your agreement will control this issue. Many parents may not want their agreements to be incorporated into the Final Decree of Divorce, because Virginia law requires additional personal information be likewise included when issues of child custody, child support or spousal support are included in the final order (personal information such as your and your spouse's names, addresses, telephone numbers, birth dates, employer's names, addresses and telephone numbers, and your, your spouse's and your children's social security numbers). At Bernhard & Gardner we can draft an agreement for you that does not require these issues be incorporated into the Final Decree of Divorce.
20) 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 photographic identification.
21) Do you offer a free initial consultation?
Yes! Our attorneys will be glad to discuss the particulars of your situation with you, and advise you on the best possible course for your divorce. Our free initial consultation can occur only after the potential client has completed the information form at START HERE or submitted the same information via phone to the firm. The attorney cannot advise a potential client of matters particular to him or her without full knowledge of all property (marital and individual) and personal information. The potential client is invited to download and complete the Property Settlement Questionnaire, and fax the same to our office prior to the initial consultation. The first half hour of the initial consultation shall be without charge; thereafter the attorney may charge for additional time at the attorney's normal hourly fee, and in the attorney's sole discretion.
22) My spouse is in jail. Can I still get a divorce?
Yes. By Virginia law, the court musts appoint your spouse a Guardian Ad Litem (attorney) to represent his/her interests, if your spouse is facing more than 1 year of incarceration or has committed a felony. There is an additional charge for this Guardian Ad Litem. He will contact your spouse, forward the Waiver of Service of process to him/her, and explain your spouse's rights to him/her. Please CONTACT US to discuss your situation more fully and our requirements.
23) I'm in jail. Can I still get a divorce?
Yes. Bernhard & Gardner has represented clients incarcerated in Virginia jails. The client will need at least two witnesses outside of jail who are willing to come to testify at the hearing, and who will act as the client's contact outside of jail. We can make arrangements to send the necessary paperwork to the client in jail, and conduct most of our work through letter or email correspondence. Please complete the information form at START HERE, and our office will be in further contact with you to discuss your situation.
24) Why should I choose Bernhard & Gardner over an online document preparation service or over handling my own divorce?
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. While it may be relatively simple to file a Complaint it generally must be customized for your individual situation, depending on such factors as whether you have children, are incorporating a property settlement agreement, are requesting child or spousal support, or division of property. We have found that many persons are unable to complete their divorce in a timely manner because of the difficulty in accomplishing all the technical steps of their divorce, including presenting evidence to prove the allegations and the filing of an appropriate divorce decree with a private addendum.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 other services, we have seen from past clients who have first tried the online preparation route that they have wasted time and money before having us efficiently and successfully handle their divorce.
25) 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.
26) 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.
27) 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) Cook & Wiley in Richmond (by telephonic deposition); or 4) Central Virginia Reporters 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 diligence) or resides outside the state of Virginia, then we may satisfy the service requirement by publication.
With more than Forty-five years of collective attorney legal experience in the community and our friendly and competent staff, Bernhard & Gardner seeks to become your law firm of choice.CONTACT US FOR THE ATTENTIVE AND COURTEOUS SERVICE THAT YOU
DESERVE
