Am I Eligible to File for Divorce in Roanoke, Virginia?

In order to file for uncontested divorce in Virginia, the following requirements must be met:

• You or your spouse must be a resident of Virginia for at least six (6) months prior to filing
• If you and your spouse do not have minor children, you have a Property Settlement Agreement (“PSA”), and you agree to divorce, then you can file for divorce within six (6) months of living separate and apart; otherwise,
• If you and your spouse have minor children, or you and your spouse do not have minor children but you cannot reach an agreement to distribute property, then you cannot file for uncontested divorce until after twelve (12) months of living separate and apart.

Therefore, you have to wait at least six (6) months to file – and it may be twelve (12) months depending on the case – and throughout this time period, you must be living separate and apart.

Under certain circumstances, such as cases of abuse, infidelity, incarceration, or annulment, you may be able to obtain a divorce sooner than the options listed above. Each cases depends on the specific circumstances, and you should immediately contact our office to discuss your options.

What Makes Divorce “No-Fault” or “Uncontested”?

Under Virginia law, a divorce is “uncontested” (or “no-fault”) if the parties have lived separate and apart for six (6) months and have reached an agreement to divide property (or twelve (12) months if the parties have minor children). This is the fastest divorce available under Virginia law.

A divorce is “contested” if the parties are disputing matters of child support, spousal support, custody, visitation, or property division. Under that scenario, our firm can speak with your about potential remedies and discuss how to proceed.

Where Can I File for Divorce in Roanoke?

If both parties are in agreement, you can file for uncontested divorce in any Virginia jurisdiction under most circumstances. Therefore, our firm can assist you no matter where you live in Virginia, and most of our cases can be finalized near our office in Roanoke County Circuit Court, Roanoke City Circuit Court, or Salem City Circuit Court.

How Long Does it Take to File for Divorce in Roanoke?

It generally takes 30-45 days to finalize a no-fault or uncontested divorce. Each case, however, is different, and depends on whether the parties have minor children, have lived separate and apart for the required period of time, and have agreed on support, property dissolution, and other matters.

A 6-Step Process to File for Divorce

In most cases, we can file for uncontested divorce by following these steps:

• Initial consultation, fee agreement, and intake form
• Prepare complaint for divorce for your review
• File the complaint with the clerk’s office
• Send a waiver for the spouse to sign and notarize
• Deposition of you and a witness to establish the terms of separation and facts about the marries, a process that takes no longer than 15-20 minutes
• The deposition is transcribed and filed with the court, along with the vital statistics form, order for name change, and final decree, for final processing

The above process allows you to finalize the divorce without appearing in court or otherwise enduring a lengthy, costly lawsuit. We provide an affordable, uncomplicated divorce service to our clients to finalize the terms of their separation – and to provide you with a fresh start.

Under certain circumstances, such as cases of abuse, infidelity, incarceration, or annulment, you may be able to obtain a divorce sooner than the options listed above. Each cases depends on the specific circumstances, and you should contact our office to discuss your options.

Call today to schedule a free consultation at (540) 375-2838.