| Frequently Asked Questions (FAQs) |
Divorce Resource has provided hundreds of free consultations and the same questions are asked over and over by individuals going through divorce and separation for the first time. You are welcome to review the answers to the frequently asked questions below.
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1. How long do I need to be separated before I can file for divorce?
If you have no children, you can file for divorce after 6 months separation if you have a written separation agreement settling all issues
If you have children, you must wait 12 months.
2. Does the separation period begin when you sign the separation agreement?
The separation period begins when you actually separate from your spouse with the intent to separate permanently.
3. Can we begin our separation while still living in the same house?
"Same roof" separation as it is called is recognized in Virginia.
4. What are the requirements for "same roof" separation?
The requirements for "same roof" separation are as follows:
1. You cannot sleep in the same room as your spouse or have sexual relations with your spouse.
2. You cannot sit down to meals together, cook for each other or do each other's laundry
3. You cannot go out in public and hold yourself out or act like a married couple
4. You must live independent lives.
5. You must have a witness who has visited you at your home during your separation who can testify as to the above facts
5. How long does it take to get a divorce?
A no-fault divorce in which both parties cooperate fully with the signing of a waiver of notice, can be completed by Divorce Resource in as little as 3 weeks.
A fault divorce that requires a final property, support and/or custody hearing is likely to take 6-8 months
6. How much do you charge for a no-fault divorce?
Our legal fee for a no-fault divorce is $695 plus court costs. This can be paid in three payments. Your case will be handled correctly and quickly and you won't have to go to court.
7. What are the court costs seen in a no-fault uncontested divorce?
The court costs include a court filing fee of $84, name change fee of $29 (if applicable); divorce deposition transcript fee of $99.
8. Can I file and handle my own divorce without the assistance of a lawyer?
Divorce Resource never recommends that anyone handle his or her own divorce if they have the financial resources to hire an attorney. Divorce Resource charges $695 that can be split into 3 payments of $232 plus court costs. You are going to have one divorce (hopefully), why do you want to handle it yourself? Most of the Circuit Courts in Northern Virginia have forms and have set up procedures for handling your own divorce. There are many things that can go wrong and it is likely to take much longer than it would take if handled by Divorce Resource. You must draft a final decree of divorce that meets all of the applicable statutory requirements and you must wait until your case is approved for being placed on the Court's docket. Finally, you must appear with your witness in court and testify.
9. When does the court order alimony payments or spousal support?
In order for the court to order alimony payments, there must be a substantial difference between the parties' incomes. In addition, the court will consider the need for support and the ability to pay it. Long term support will not be awarded unless there is a substantial duration to the marriage.
10. Can you provide assistance to both me and my spouse in drafting a property settlement agreement and filing for divorce?
No attorney can represent both spouses in any legal matter involving divorce and separation. Divorce Resource offers mediation packages that enable both spouses to come in and meet with an attorney and seek legal information and participate in the drafting of their separation agreement. Mediation is a great value and usually much cheaper than both spouses getting their own attorneys.
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