Frequently Asked Questions
1. Do I need to make an appointment in person?
No. Everything we do is handled by telephone, mail, or e-mail. You never have to come to my office or appear in Court.
2. How long must I be separated to file a divorce?
If you are separated for one year, you may file in any event. You may also file after six months if there are no minor children and the parties sign a written separation agreement. The agreement may be signed at any time and it need not be at the beginning of the separation.
3. What is the residence requirement to file in Virginia?
At least one of the parties must reside in Virginia on the date of filing and for six months prior to said date.
4. May I file if I do not know the whereabouts of my spouse?
This situation is common. You may obtain a divorce by running a newspaper ad called an "order of publication", which I will handle. There is an additional charge for the newspaper and the case does take longer this way, about four months total.
5. Is the case more complicated if we have children?
Not unless there is a dispute over them.
6. It my spouse does not cooperate, may I still finalize the divorce?
Yes, you may serve the other party by a process server if he or she is in Virginia, or you may use an "order of publication" through the newspaper if he or she is out of state or the address is unknown. Your spouse will be allowed a certain amount of time to respond, but if he or she does not, you may finish the uncontested divorce by default. The case becomes contested only if your spouse files a written answer and actively opposes you.
7. Is it possible to obtain a divorce if my spouse and I have lived apart within the same home?
Yes, if you have maintained separate living quarters, have not engaged in marital relations, and at least one party had the specific intent to end the marriage.
If you have any questions, your calls are welcome at any time. If you ever do not hear from me when YOU believe you should (which is frequently because your spouse has not signed documents), please do call. Please click below to find out how to begin the process for uncontested divorce: