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

Total Cost as Low as $337*

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? Or what if you’ve been separated for six months and have no children and wish to file an uncontested divorce?

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

No-fault Divorce: 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 divorce on the basis of having been separated for a year, a no-fault divorce. People can also file for a no-fault divorce after being separated for only six-months if they have no minor children and they enter into a separation agreement.

Uncontested Divorce: Whether the divorce is filed upon fault grounds or is based on a no-fault period of 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. Depending upon your circumstances, the Firm can represent you in a one-year separation divorce or, if you have no minor children, a six-month separation divorce. For six-month separation divorces the Firm can also prepare a simple separation agreement for you.

If you changed your name by reason of your marriage the Firm can also file the documents to change your name back to your maiden name or to a previous married name fir no additional attorney fee.

Email or call the Harley Law firm today to get your divorce started!

View the detailed steps
  1. Neither your or your spouse will have to go to court. You fill out a form giving the Harley Law Firm all the information that will be needed to complete the divorce papers and the required statistical form. You also pay the attorney fee and court costs.
  2. Larry Harley will himself prepare the court documents for your case. This will include preparation of the Complaint for Divorce, evidentiary affidavits, the waiver of service of process form, the Final Decree of Divorce and other documents. It may also include a Separation Agreement and/or name change documents.
  3. Mr. Harley then mails documents to you and your spouse for your signatures. Some documents must be signed in the presence of a notary. If you prefer, all of the papers can be sent to you and you can deliver your spouse’s document to them. **If your spouse will not cooperate in signing the documents, see paragraph 7 below.

You will probably have to sign only one document, an affidavit. You will receive two affidavits in the mail. 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. The affidavits must be signed before a notary.

If your case is a six-month separation divorce, your Separation Agreement will also be mailed to you. The signatures on it must be notarized.

  1. Once all the papers have been signed and properly notarized, you and your spouse send them back to Mr. Harley.
  2. When the properly signed documents are received from you and your spouse, Mr. Harley electronically files all of the documents in your case with the Circuit Court and pays the court costs. This is when your case is officially “filed”. The documents are organized by the Court Clerk and delivered to the judge.
  3. The judge reviews the documents in your case and signs your Final Decree of Divorce and your Name Change Order if you are seeking a name change. The Court Clerk emails a copy of the signed orders to Mr. Harley and he mails or emails them to you. The Court Clerk sends a copy of the signed Final Decree of Divorce to your spouse.
  4. **If your spouse will not cooperate in signing the documents you can still obtain a divorce, but it would almost certainly have to be a one-year separation divorce. The necessary documents would be served by the sheriff or a private process server. Service in this manner increases your court costs. The Harley Law Firm does not accept cases in which the spouse’s location is unknown. It is also the case that the documents in a divorce like this must be signed and filed in a certain order.

Affordable Pricing

Attorney fee of $250

Court cost for filing divorce…$87

Court cost for obtaining a name change….$22

*Total cost
$337 if no name change is sought; $359 if a name change is sought.

*Your court costs will be higher if your spouse will not cooperate and they must be served with the court papers.

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. Hopefully they will agree to sign a couple of documents in you case; a waiver service of process and the Final Decree of Divorce.

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 most of its divorce cases in Washington County where Larry Harley has practiced law for more than 40 years. 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 cooperate with you and you each promptly get your documents signed and notarized, 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 (Tuesdays and Thursdays).

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