Do You Have to Appear in Court for a No-Fault Uncontested Divorce?

By consulting with a Virginia Beach family law attorney, you can get answers to all your questions about Virginia divorce and other family law matters.

Previously, in most Virginia courts, when obtaining a no-fault, uncontested divorce, plaintiffs had to testify in person, orally, in open court. However, in 2012, the Virginia legislature passed a bill which became Virginia Code § 20-106. Now, under the revised statute, plaintiffs can testify through an affidavit or written deposition and third party. This is possible when all issues involved with the divorce are resolved in a written settlement agreement, and there are no other issues other than the grounds of the divorce itself that require adjudication. It is also possible when the respondent has been personally served with the divorce complaint and has failed to file a responsive pleading or make an appearance as required by law. Affidavits require certain affirmations, such as the following:

  • Factual support for the claim or counterclaim
  • Parties are over age 18
  • Neither party is incarcerated
  • Military status is verified and whether response was waived under Servicemembers Civil Relief Act
  • One party to the lawsuit has resided in Virginia for six months
  • Parties lived separately and continuously without cohabitation for one year and with intent to remain separate and apart permanently
  • Desire to be awarded divorce is confirmed
  • Statement of whether there are children and that the wife is not known to be pregnant
  • A corroborating witness's affidavit verifies the above points

A Norfolk family law attorney can handle the paperwork involved for you. Another convenience is that a spouse filing for divorce who lives out-of-state or abroad does not have to appear in court.

Darrell M. Harding has decades of experience handling Virginia family law issues and divorces.

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Virginia Beach: 757-499-2600
Chesapeake: 757-401-6804
Norfolk: 757-512-8393

Testimonials

"In every case Mr. Harding takes, he strives to provide his clients with the highest level of legal service. If you choose Darrell M. Harding Attorney At Law, PLC to represent you, you can expect to receive experienced legal guidance and be treated with the utmost courtesy and respect at all times."

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Our Offices

  • Virginia Beach Office

    Address

    5366 Virginia Beach Boulevard, AAA Building.
    Suite 301
    Virginia Beach, Virginia 23462

  • Chesapeake Office

    Address

    2010 Old Greenbrier Road
    Suite L
    Chesapeake, Virginia 23320

    Phone

    757-401-6804

  • Norfolk Office

    Address

    1500 E Little Creek Road
    Suite 309
    Norfolk, Virginia 23518

    Phone

    757-512-8393

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Ratings & Reviews

  • 4.0/5.0

    always very pleasant and professional, even in an adversary situations

    — Peer

  • 5.0/5.0

    Mr Thomas F. Harding is an Attorney that I admire and very knowledgeable, He started on my case in May of 2019 and still in progress and soon to be over, but when I first went to Mr Harding office I was so afraid to go forward with my divor...
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    — Client

  • 5.0/5.0

    Working with this firm was an excellent experience! The communication was great and I cannot believe how fast my divorce was!! These guys are highly recommended!!

    — Client

  • 5.0/5.0

    Mr. Jeff Harding and his secretary made my process very simple. Very compassionate about helping others.

    — Client

  • 5.0/5.0

    I would highly recommend. Mr. Harding is a very good attorney. I was very pleased with him and the outcome of my case.

    — Client