FAQ
Divorce comes with a lot of questions, even when you and your spouse are on the same page. Below, I’ve answered the ones I hear most often, from how long the process takes to what it actually costs. If you don’t see your question here, reach out. I’m happy to walk you through it.
FAQ
Your Questions, Answered
A divorce is uncontested when both spouses agree to end the marriage and resolve all legal issues without asking a judge to decide any disputes. This includes agreement on the division of marital property and debts, child custody and visitation (if applicable), child support, and spousal support or a waiver of support. In addition, Virginia law requires that at least one spouse has lived in the state for a minimum of six months before filing, and that the spouses have lived separate and apart for the statutory period — six months if there are no minor children and a signed written separation agreement exists, or one year in most other cases. If any issues remain unresolved, the divorce may become contested and require additional legal steps.
For a no-fault divorce in Virginia, you must live separate and apart — without interruption and without cohabitation — for one year. That period is shortened to six months if two conditions are met: you have no minor children together, and you have signed a written separation agreement. The separation period must be complete before the divorce can be finalized, and at least one spouse must intend for the separation to be permanent from the date it begins.
Yes, Virginia courts have recognized “in-home separation,” but it must be done carefully. You and your spouse must genuinely live separate lives under the same roof — sleeping in separate bedrooms, no longer sharing meals, finances, or household duties as a couple, and letting friends and family know that you are separated. Because the court will scrutinize an in-home separation more closely, and a corroborating witness will need to confirm the details, we strongly recommend speaking with an attorney before relying on this arrangement to start your separation clock.
A separation agreement (also called a marital settlement agreement or property settlement agreement) is a written contract between spouses that resolves the issues arising from the marriage — division of property and debts, spousal support, and arrangements for any children. If you have no minor children, a signed agreement is what allows you to divorce after only six months of separation instead of one year. Even when it is not strictly required, a well-drafted agreement protects both spouses, keeps the divorce uncontested, and becomes enforceable as part of your Final Decree of Divorce.
AC Rieman Law moves at the pace of the client. When all paperwork is completed promptly and correctly, the process can often be expedited. Keep in mind that Virginia’s separation requirement must be satisfied before a divorce can be finalized: six months of living separate and apart if there are no minor children and a signed separation agreement is in place, or one year in most other cases.
Uncontested divorces are significantly less expensive than contested litigation, and AC Rieman Law offers flat-fee pricing for most uncontested matters so you know the full cost up front — no surprise hourly bills. The exact fee depends on your circumstances, such as whether a separation agreement needs to be drafted and whether minor children are involved. Court filing fees and service costs are separate and are set by the court. Contact us for a straightforward quote for your situation.
Not necessarily. A cooperative spouse can sign an acceptance of service and waiver, which streamlines the process considerably. But even if your spouse ignores the case entirely, the divorce can still move forward — once your spouse has been properly served and the response period expires, the court may grant the divorce by default, provided the grounds and separation requirements are met. If your spouse actively disputes an issue, however, the case may become contested, and we can advise you on the next steps.
In most uncontested divorces, no. With properly prepared documents, many clients are able to finalize their divorce without ever appearing in court. Once the paperwork is reviewed and approved, the judge signs the Final Decree of Divorce — often without a hearing.
No. Even when a divorce is fully uncontested, the law still considers you and your spouse “adverse” parties, so ethically it would be a conflict of interest for AC Rieman Law to represent both spouses. We may represent only one spouse — however, we strive to keep the entire process transparent for everyone involved. Call today to learn how.
No. A name change is not automatic — it requires a separate court order. You must petition the Court to restore your former name, and the Judge must grant the order. AC Rieman Law can assist Plaintiffs who wish to restore their maiden name(s) as part of the divorce process.
Yes. Virginia divorce laws are nuanced, and many clients find they are unable to obtain a divorce after using a website that claims to provide all the paperwork they need. Even minor errors in wording, separation dates, formatting, or filing procedures can lead to rejected pleadings or unnecessary delays — and court clerks are not permitted to give legal advice, so you may never be told exactly why your filing was denied. Call AC Rieman Law and we will help you sort it all out.
AC Rieman Law proudly serves clients throughout Central and Northern Virginia, including Culpeper, Fredericksburg, Charlottesville, Front Royal, Manassas, Fauquier County, and many surrounding areas. We have successfully divorced clients as far north as Leesburg and as far south as Virginia Beach — venue is proper in any jurisdiction as long as neither party objects, so our office location is not a problem.
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Every divorce is a little different, and it’s likely yours has some details these FAQs didn’t cover. Give me a call, and I’ll walk you through exactly what to expect for your situation, no pressure, no obligation.