Low-cost divorce for no-fault, uncontested cases in Virginia

Total Cost: $286*

Thinking of filing for divorce?

If you are filing for divorce and your case might involve custody and support of children, spousal support, or division of property or debt, then you should hire some other experienced lawyer who handles contested cases.

But…what if you have been separated a year and want to file for an uncontested no-fault divorce in Virginia?

Instead of hiring an expensive lawyer or trying to file your divorce on your own, possibly making mistakes causing huge delays, consider hiring an experienced low-cost lawyer who specializes in divorces in which the spouses are not fighting over anything.

Why make it complicated and pay more if your case is totally uncontested?

How It Works

Virginia, like many states, permits a person to file for divorce upon fault grounds, such as adultery or desertion. Many people choose, however, to file for divorce upon no-fault grounds. In Virginia a person may seek a no-fault divorce after being separated from their spouse for a year. Whether the divorce is filed upon fault grounds or is based on a one-year separation, they sometimes involve disputes over custody, support, and property. These are called contested divorces. They can be very time consuming, legally complicated, and emotionally charged.

Uncontested divorces, on the other hand, are much less complicated. Uncontested divorces are cases in which the only issue before the court is the divorce itself. They involve no disputes over custody or support of children, alimony, or property division to be decided by the court.

The Harley Law Firm handles only uncontested no-fault divorce cases.

View the detailed steps
  1. You fill out a form giving the Harley Law Firm all the information that will be needed to complete the divorce papers. You also pay the attorney fee and court costs.
  2. Larry Harley will himself prepare your Complaint for Divorce and file it with the Circuit Court. He pays your court costs at the same time.
  3. Either you or Mr. Harley arrange for your spouse to receive a copy of the Complaint for Divorce and to sign a form in front of a notary accepting service of the papers. You or your spouse return this form to the Harley Law Firm. If your spouse won’t accept service, they can be served by the sheriff or a process server for a small additional court cost.
  4. Mr. Harley then sends you two affidavits to be signed in the presence of a notary. One affidavit is for you to sign, the other is for a friend or relative who will serve as your “witness”. The affidavits state the basic facts of your marriage (date of marriage, where you were married, etc.) and the the date of your separation, etc. You then mail these back to Mr. Harley and provide him with the Social Security numbers, or driver’s license numbers, of each spouse.
  5. Mr. Harley submits the two notarized affidavits and a proposed Final Decree of Divorce to the Court. If you are seeking a name change, he sends the court the appropriate papers for this as well. He also submits the Vital Records Report of Divorce to the Court.
  6. The judge signs your Final Decree of Divorce and Name Change Order (if you are seeking a name change). The Court Clerk emails a copy of the signed documents to Mr. Harley, and he emails them to you. The Court Clerk also sends a copy of the signed Final Decree of Divorce to your spouse.

Affordable Pricing

Attorney fee of $200
Court costs of $86

*Total cost
$286

*If your spouse will accept service of the court papers, your court costs will be only $86 and your attorney fee only $200. Your total cost would be $286. If your spouse will not voluntarily accept service your court costs will be higher (usually $12 to $25 higher).

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Frequently Asked Questions

Will I have to go to court?

No; you will not have to appear in court. You submit the evidence to support your request for the divorce by signing an affidavit (a sworn statement).

Does my spouse have to go to court or do anything?

Your spouse will not have to go to court, but if they will agree to accept service of the divorce papers it makes your case a lot easier. To accept service they sign one form in front of a notary, then either you or they send it back to the Harley Law Firm.

Where is my divorce case filed?

In Virginia uncontested divorce cases can be filed in any circuit court in the state. The Harley Law Firm files almost all of its divorce cases in Smyth County, where Larry Harley had an office for 33 years, or in Washington County where he resides. Your divorce is just as “legal” regardless of which Virginia circuit court grants it.

How long does it take to get a divorce?

If your spouse will promptly accept service of the papers and you will promptly get your affidavits signed, your divorce can usually be completed in six to eight weeks…..maybe even quicker. The court documents are filed with the court electronically. The things that usually slow the process down are incomplete or inaccurate information given to the Law Firm, or a spouse who will not accept service of the court papers.

How can the Harley Law Firm do divorce cases for a fee this low?

There are two reasons our fees are so low; the firm handles only uncontested cases that take just a few hours of time to complete; and, the only employee of the firm is the attorney, Larry Harley. After a forty year career practicing law full-time, he now practices law part-time, usually working two days a week.

How can I best contact the Harley Law Firm?

The office is usually open on Tuesday and Thursdays. You can reach the office on those days by calling (276) 477-3105. But the best way to contact the firm is to email Larry Harley any time at lharley@harleylawfirm.com.

Meet Larry Harley

Larry Harley has practiced law in Virginia since 1979 and now practices part-time with a focus on family law. He is admitted to practice in all levels of state court in Virginia, the United States Tax Court, and the Federal District Court for the Western District of Virginia.

Education:

  • Emory & Henry College, B.A. in Philosophy, 1974
  • University of Tennessee College of Law, J.D., 1979

Highlights from Larry’s career include:

  • Virginia Lawyers Hall of Fame (2019);
  • Virginia Business Legal Elite (2008);
  • Supreme Court Access to Justice Commission (2013– 2018);
  • Virginia State Bar Legal Aid Award (2011);
  • Virginia Law Foundation Fellow;
  • Executive Director of Southwest Virginia Legal Aid Society (1993 to 2019)
Larry Harley

Contact

The Harley Law Firm
P.O. Box 1254
Abingdon, VA 24212
(276) 477-3105
lharley@harleylawfirm.com