Concerned Norfolk, Chesapeake and Virginia Beach Uncontested Divorce Attorneys Focus on the Specifics of Your Case

Even uncontested divorces require knowledgeable legal advice

When a divorcing couple cannot agree on one or more terms of the dissolution of their marriage, they must endure a contested divorce. The circuit court makes the decisions they cannot and issues a formal order setting the terms of their divorce. If a couple can agree on every point of their divorce agreement, and simply asks the circuit court to approve it, they can file for an uncontested divorce.

Many people think that uncontested divorces mean no lawyers need to be involved, but this is not the case. Many legal issues can arise with an uncontested divorce as with a contested one. If you require the services of an uncontested divorce lawyer in the Virginia Beach, Chesapeake or Norfolk areas of Virginia, contact Harding, Harding & Harding Attorneys at Law today.

Grounds for an uncontested divorce in Virginia

An uncontested divorce in Virginia must still be based on some cause of action. The cause of action may be either no-fault or fault-based:

  • No-fault grounds for divorce are:
    • Living separate and apart for six months with a separation agreement in place and no children to consider
    • Living separate and apart, with no cohabitation, for one year
  • Fault-based grounds for divorce are:
    • Abandonment of the spouse
    • Willful desertion of the spouse
    • Adultery
    • Conviction and imprisonment for at least one year
    • Cruelty of one spouse against the other

The type of grounds you choose may affect the results of your divorce proceeding. Knowledgeable uncontested divorce attorneys in Chesapeake, Virginia Beach or Norfolk like Harding, Harding & Harding Attorneys at Law can discuss your options with you and advise you regarding the pros and cons of each.

A court appearance may not be required for an uncontested divorce

According to the recently passed House Bill 126 in the state of Virginia, an uncontested no-fault divorce can be granted based on simple affidavit or written deposition, so long as it is recognized and signed by the plaintiff in the case as well as a third-party witness. This law changes a longstanding rule that required these parties to testify in person in a circuit court.

While this measure certainly simplifies the process of uncontested divorces in Virginia, specific circuit court judges from one jurisdiction to the next have very different ideas about the role of the third-party witness in this process. Some simply want a sworn statement that the plaintiff is telling the truth, others ask for more detailed corroboration. Experienced uncontested divorce lawyers in Virginia Beach, Norfolk and Chesapeake have experience with these judges, and can advise you on what to expect in your particular case.

As Norfolk divorce lawyers, Harding, Harding & Harding Attorneys at Law know how a Virginia Beach contested or uncontested divorce can disrupt your life. We are prepared to guide you through the process from start to finish and steer you towards a fresh start and a new life after your divorce is complete.

A Virginia Beach uncontested divorce lawyer in your corner

At Harding, Harding & Harding Attorneys at Law we know how to protect your best interests in an uncontested or contested divorce. To schedule a free initial consultation today, contact us contact us online or at [ln::phone].

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"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


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

  • Chesapeake Office


    2010 Old Greenbrier Road
    Suite L
    Chesapeake, Virginia 23320



  • Norfolk Office


    1500 E Little Creek Road
    Suite 309
    Norfolk, Virginia 23518



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  • google

    Thomas and his team did a wonderful job helping me through an otherwise very difficult time in my life. I appreciate his willingness to meet when it was convient for me. I would definitely recommend his services.

    — Cullen Darling

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    I am still working with Mr Harding. My case is not over yet. But words can describe how he has change my case since he became my attorney. Great understanding guy. And sooo willing to help. He literally puts him self in your position and go...
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    — Neftali Moeglin

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    Thomas was great. I can’t say enough about him. I highly recommend the very kind and patient professional!

    — Ricardo Tubbs

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    I just can not thank Mr. Thomas Harding enough. When meeting him he doesn’t seem aggressive because he’s very kind and patient but in the court room he doesn’t play any games. He did PERFECT and I have ZERO complaints. He’s is also very enc...
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    — Ivory E

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    The team at Harding, Harding and Harding was fantastic to work with. Tom was extremely helpful and responsive in answering any and all questions I had. Almost all of our communication was digital, and the process was flawless. I received co...
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    — Gerald Nutini