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Survey: Do you qualify for a Frugal Legal No Fault Divorce?


Take our quick online survey to find out whether a Frugal Legal uncontested divorce will work for you. We have handled hundreds of online no fault divorces. It is our goal to provide simple online solutions to seemingly complex legal matters. It shouldn't cost a lot to get divorce in Virginia if you know what you want and everyone agrees. An uncontested divorce in VA should be both cheap and easy.

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Survey: Do you qualify for a Frugal Legal No Fault Divorce?


Take our quick online survey to find out whether a Frugal Legal uncontested divorce will work for you. We have handled hundreds of online no fault divorces. It is our goal to provide simple online solutions to seemingly complex legal matters. It shouldn't cost a lot to get divorce in Virginia if you know what you want and everyone agrees. An uncontested divorce in VA should be both cheap and easy.

Take a moment to complete this brief questionnaire to determine whether you are a candidate for a Frugal Legal uncontested divorce.

So you are nearly there. You already know you want to save money and are likely sure this is the route for you. You and your spouse have talked it through and are on the same page. To get started and to find out whether you are a candidate for Frugal Legal Services, please take a moment and answer the following questions. These are the same questions outlined on our homepage, so there should be no surprises here. Once you've completed them, you'll find out whether Frugal Legal Services® is for you.


The information contained on this site and the following no fault divorce questions, in particular, are an advertisement providing general information only, and are no substitute for legal advice from a qualified Virginia divorce lawyer. Only a signed representation agreement and fully paid flat fee with Frugal Legal Services creates an attorney-client relationship. Please click below to expand each question and reveal our response.



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Compare Frugal Legal Services


How does Frugal Legal Services stack up against the online competition? You'll notice a theme here. Frugal Legal Services offers competent representation for an affordable price.

Compare Frugal Legal Services


How does Frugal Legal Services stack up against the online competition? You'll notice a theme here. Frugal Legal Services offers competent representation for an affordable price.

How do we compare?

The Other Guys Frugal Legal Services
All Virginia documents needed from start to finish. All Virginia documents needed from start to finish drafted by a Virginia divorce attorney.
Extensive step-by-step Virginia filing instructions. Our services doesn't stop with a "to-do" list. We manage the complicated Virginia filing process for you.
Fastest way to do your own Virginia divorce. It can take much longer to do it yourself. Your time is valuable and we save you time by doing it for you.
Most user-friendly, with no hassles and very streamlined. No hassle on your part because we are handling the process for you. Are you starting to see a trend here?
Takes the difficulty out of completing your Virginia divorce documents. You don't complete any Virginia divorce documents. We handle it all for you.
Used by divorce professionals (lawyers, mediators, etc.). I've never met a lawyer who uses these online form factories. We use divorce documents that are drafted by our experienced Virginia divorce attorney/lawyer.
Your custom marital settlement agreement ready for signing. Your custom marital and settlement agreement ready for signing. A licensed Virginia divorce attorney/lawyer is also available to provide you with sound legal advice to help you make well-informed decisions.
Over 100 issues addressed (more than many lawyers). We address all of your issues. Even an uncontested divorce needs to be customized. Forms generally don't cut it.
Flexible payment options. Flexible payment options (call for details).
Virginia Court Approval or 100% Money Back Guarantee. Virginia Court Approval or 100% Money Back Guarantee.
No waiting. Immediate document delivery. Customized documents drafted by a licensed Virginia divorce attorney/lawyer available to you by electronic delivery within 24 hours.
Full editing capabilities with instant changes. Direct electronic communication with your licensed Virginia divorce attorney/lawyer to make changes/corrections for you.
Accessible by both spouses. No lawyer/attorney in Virginia is permitted to represent both spouses in an uncontested or contested divorce. As you will be represented by counsel, you have access to sound legal advice.
"Real Person" customer support by phone or e-mail. Friendly "Real Person" client support by phone or e-mail. You will communicate directly with your attorney for nearly everything.
No additional charges for changes or edits. No additional charges for changes or edits.
Name change and name change notification guide for Wife. We will provide an electronic Court Guide if the Wife is not our client and desires to restore her maiden name. If the Wife is our client, we will perform the name change upon request for an additional fee of only $50.00.
Includes online negotiation center to help resolve any disputes. Mediation and collaborative divorce services are available.
No attorney. You will be represented by a licensed Virginia divorce attorney.

The bottom line

The bottom line is, the divorce papermills simply can't compete. All of their promises to fill out your divorce paperwork for you cannot compensate for their lack of follow through. A do it yourself divorce is similar to going out to eat at a restaurant and having the restaurant charge you to cook your own food. Sure they prep the food and maybe even leave you with instructions, but you are left using industrial kitchen equipment to cook your own meal and clean up after yourself. Of course, as with most things, you get what you pay for. But is that really the case with the other online divorce divorce paper outfits? If you're paying a small fee for them to fill out your divorce papers and for them to tell you where to file, who is paying your filing fee? What happens when the court doesn't accept their pre-filled divorce papers? It's nice to have a money back guarantee, but what good does that do you when you are still married in the end? Not a bit.

Frugal Legal Services can handle your uncontested, no fault divorce in Virginia from start to finish. After you sign up and pay one low flat fee, we draft everything. The most you or your spouse will have to do is sign your attorney drafted divorce papers in the presence of a Notary Public. We do the rest. We even pay your circuit court filing fee of $89.44 if we file your case on your behalf. The online divorce papermills seem to gloss over the other fees associated with your divorce. They just want you in and out so they can make a quick buck. For nearly the same price, an attorney can draft your divorce papers, file them with the court, and see your divorce through to its conclusion. As long as the responses you provided are true to the best of your knowledge and belief and you and your spouse fully cooperate, we aren't finished until the court enters your final decree of divorce. Period.

frugal Legal services can handle your no fault divorce in VA today, no matter what city in the Commonwealth of Virginia you or your spouse call home.

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The frugal Legal No Fault Divorce (Virginia) Process Explained


The basics of how to divorce in VA with Frugal Legal Services. The process itself is simple from your perspective. Let a licensed Virginia divorce lawyer handle your no fault divorce for you.

The frugal Legal No Fault Divorce (Virginia) Process Explained


The basics of how to divorce in VA with Frugal Legal Services. The process itself is simple from your perspective. Let a licensed Virginia divorce lawyer handle your no fault divorce for you.

we Provide a Cheap Online No Fault Divorce in Virginia.

So, you're ready to get divorced. You are comfortable with the cost. It's cheap, credible, and easy. What you likely want to know next is how in the world does it work. The process can take anywhere between 2-6 weeks depending on how motivated you and your spouse are to uncouple and how backed up the court may be at any given time. The good news is, it's a process and we handle hundreds of these each year. We know how it works and have streamlined our process to keep the cost low on your end. We want your divorce to happen as quickly and efficiently as possible and our reputation is everything to us. In other words, our goals are perfectly aligned in that regard.

So, how does it work?

1. Decide which spouse will file for divorce. 

Remember, despite what you may have heard, a Virginia divorce attorney can only represent one of the parties in a divorce action. Assuming you and your spouse are both onboard with saving a lot of money and avoiding prolonged litigation, you can work together to negotiate a fair settlement. Your spouse will receive a copy of every document filed with the court and, with your approval, will be notified of any updates via email or text as they occur. Keep in mind that while we are permitted to provide our client with legal advice, we are not able to do the same for his or her spouse.

2. Pay a flat fee based solely on your needs. 

Once it is determined who will be our client, that person will sign a representation agreement and pay a low flat fee for whatever services are needed. Believe it or not, you are almost done.

3. Complete our online no fault divorce questionnaire.

Next you will complete our online questionnaire. All you need is an internet connection and you are good to go. If you are reading this, then that shouldn't be a problem. We will use this information to draft all of your Virginia divorce documents for you. Clients often times prefer to fill out this paperwork with their spouse to make sure everyone is on the same page; however, it is completely up to you.

4. Sign (Execute) a separation agreement.

If you don't already have one, you and your spouse will sign a separation agreement in triplicate in the presence of a Notary Public. If you are local, this is included at no extra cost to you. We provide notary services to Frugal Legal Services clients in our office free of charge. Once signed, you will each retain an original for your records and we will file your remaining copy with the Clerk of Court along with your no fault divorce paperwork.

5. Your spouse signs a waiver.

We file for divorce in Virginia for you. When we receive confirmation from the court that your complaint is filed, we will contact you and your spouse by email or text (if desired) to let you know the waiver is ready to be signed. Like your separation agreement, this too must be signed in the presence of a Notary Public. As always, we provide this service to all Frugal Legal Services clients in our office free of charge.

6. Complete affidavits.

You and a corroborating witness will each sign an affidavit that will be submitted to the court along with your final decree of divorce. This too needs to be signed in the presence of a Notary Public. We draft and submit all documents for you. All you need to do is review everything carefully, approve, and sign in the presence of a Notary Public.

7. Wait for your divorce to be granted.

Essentially, we file, you and your spouse sign a few documents that we draft, and we do all the rest. The time from start to finish depends mostly on how quickly you and your spouse respond and on how long it takes the Clerk of Court to circulate your paperwork. You should not need to appear in court. It's that simple. As long as the responses you provide us are true to the best of your knowledge and belief and you and your spouse fully cooperate, you will not pay anything more for your divorce.

Frugal Legal Services really is Virginia No Fault Divorce Made Simple for Less!

And remember, if you're not quite ready to proceed with a Frugal Legal no fault divorce in Virginia, protect yourself by allowing a licensed Virginia divorce lawyer to prepare your separation agreement today! You can always come back when it's time to file.

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Separation Agreement In Virginia


If you're not quite ready to file for divorce, but want to protect your personal interests, Frugal Legal Services can help. Draft a separation agreement with the help of a licensed Virginia divorce attorney.

Separation Agreement In Virginia


If you're not quite ready to file for divorce, but want to protect your personal interests, Frugal Legal Services can help. Draft a separation agreement with the help of a licensed Virginia divorce attorney.

Online separation agreement

PLEASE DO NOT ORDER THIS IF YOU ARE PROCEEDING WITH A FRUGAL LEGAL NO FAULT DIVORCE AT THIS TIME. This solution is reserved for those who are separated but not yet ready to proceed with a Frugal Legal no fault divorce. If this option is elected and you ultimately proceed with a Frugal Legal no fault divorce, you will receive a $50.00 discount. You will receive a first draft of your separation agreement within 24 hours after we receive your responses to our Separation Agreement Questionnaire. The Questionnaire is emailed to you in our Welcome Confirmation after we receive your order.

The information contained in this site and the following separation agreement questions, in particular, are an advertisement providing general information only, and are no substitute for legal advice from a qualified Virginia divorce lawyer. Only a signed representation agreement and fully paid flat fee with Frugal Legal Services creates an attorney-client relationship. Please click below to expand each question and reveal our response.



what if i have questions?

Frugal Legal Services will assign a licensed divorce attorney to handle your matter from start to finish. Communication is vital to ensuring you are making well informed decisions. Your divorce attorney will inform you of any pertinent facts and of communications from another party that may significantly affect settlement or resolution of your divorce matter. Your divorce attorney is only a phone call away. Also, understanding that money is an issue for everyone, Frugal Legal Services provides discounted hourly legal advice to all existing Frugal Legal no fault divorce client. See our cost information for more details.

what are some things i need to consider when working on a marital and property settlement agreement or separation agreement with my spouse?

Our Separation Agreement Questionnaire is designed to elicit your responses on issues most parties wrestle with at the time of their separation and divorce. There is ample room on the questionnaire toward the end as well to provide us with any additional information that pertains to your matter. Documents and questions can be e-mailed directly to ldburroughs@FrugalLegalServices.com. In general, however, consider the following:

  • Do you have any minor children born or adopted of the marriage? If so, custody, visitation (parenting time), and child support and maintenance should be discussed and resolved. Even if these issues are resolved by agreement, please know that a court of competent jurisdiction can always intervene. Your agreement should be reasonable and must consider the minor child(ren)'s best interests. Virginia recognizes several factors in determining the best interests of minor children. See Section 20-124.3 of the Virginia Code for more details.
  • What about support of the minor child(ren) beyond majority? Will either of you provide for the minor child(ren) while in college? If so, define college and full-time student in your agreement. Define each parent's financial obligation, if any. Is there a cut-off point for support? Will it cover undergraduate and/or graduate education?
  • What about you or your spouse? Support and maintenance of a spouse is also factor based in Virginia. Section 20-107.1 of the Virginia Code covers this in detail. After determining whether support will be paid to either spouse, you should consider the amount, timing, duration, and whether it will be modifiable or non modifiable. Medical and dental insurance and expenses should be considered as well as cost of living increases and life insurance provisions, if any.
  • Do you own any real property? If so, what do you intend to do with it? Which one of you will occupy the residence? Who will be responsible for the mortgage, maintenance, taxes, insurance, etc.? Will it be sold? If so, how will be listed and sold? How will the proceeds, if any be divided? What if there is a deficit? How will taxes be handled? The list goes on and on. If you have other investment property, these same questions will apply to that property as well. 
  • What will you do with your personal property? Personal property is movable and may be both tangible or intangible. Some of the big categories are financial accounts (checking and savings accounts, bonds and CDs, retirement accounts, etc.), interest in any businesses, personal items, automobiles, boats, furniture, artwork, household goods, personal effects, and any other items of substantial value that are not real property. You should discuss how the property will be divided or disposed of. Be sure you cover everything because our agreements contain a catch-all provision that can make these matters final.
  • Do you have any marital debts? If so, how will they be satisfied? Will either or both of you be filing for bankruptcy?
  • Will there be any estate matters to consider? Do any financial terms survive the death of either spouse. Are you both waiving interest in and to the estate of the other? Have you updated the beneficiary designation on your existing life insurance or retirement account policies? On your non retirement accounts, do you have a transfer on death? If so, is that updated? Will insurance be provided by one of you to the other after a final decree is entered.
  • How will taxes be handled going forward? What is the current status of income tax filings, liabilities, refunds, or audits? Who will claim the minor child(ren) as a dependent? Will you file a joint return this year? What about in future years? Have you sought the professional advice of a qualified tax expert?
  • Who will pay for the divorce or any attorney's fees? What happens in the event of reconciliation?

what do I do with my separation agreement after it is signed?

Until you proceed with your no fault divorce, your separation agreement will be enforceable as a binding contract between you and your spouse. You are not required to file your separation agreement in order for it to become effective. Unlike other states, there is no legal separation in Virginia.

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Adult Name Change in Virginia


Frugal Legal Services provides a simple solution for adults seeking to change their name.

Adult Name Change in Virginia


Frugal Legal Services provides a simple solution for adults seeking to change their name.

Frugal Legal Services Handles Adult Name Changes

Frugal Legal Services currently offers a simple solution for adults seeking to change their name. For a flat fee of just $100.00, Frugal Legal Services will draft all of your paperwork and submit your request for name change to the Circuit Court. Yes, we even cover your filing fee! 

To qualify for this product, you must be able to answer "yes" to the following:

  • You are a resident of Virginia.
  • Your name has not be changed previously.
  • You have not been convicted of a felony.
  • You are not currently incarcerated.
  • You are not on probation.
  • You can swear under oath in our attorney drafted application that the change of name is not sought for a fraudulent purpose and will not infringe upon the rights of others.

If you can answer YES and want to get started, head over to our PRODUCTS page right away. Let us handle everything for you!



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Why Choose A Frugal Legal Services Online No Fault Divorce?


It's in our name! Frugal = Affordable. If you are spending more than a few hundred dollars to get divorce in Virginia, you're spending way too much! Frugal Legal Services offers simple online solutions to Virginia residents seeking a divorce or step-parent adoption. This is not some divorce form paper mill. A VA divorce lawyer handles your no fault divorce form start to finish for a fraction of the cost other firms charge.

Why Choose A Frugal Legal Services Online No Fault Divorce?


It's in our name! Frugal = Affordable. If you are spending more than a few hundred dollars to get divorce in Virginia, you're spending way too much! Frugal Legal Services offers simple online solutions to Virginia residents seeking a divorce or step-parent adoption. This is not some divorce form paper mill. A VA divorce lawyer handles your no fault divorce form start to finish for a fraction of the cost other firms charge.

If you haven't already, please take a moment to work through our survey to determine whether you are a candidate for a Frugal Legal no fault/uncontested divorce in Virginia.

With so many options out there, why should you consider Frugal Legal Serivces? After all, there are many online sources that purport to provide you with all the documents you will need from start to finish. Countless Virginia divorce lawyers advertise online, bidding for your attention in the cutthroat realm of divorce and family law. Many claim the process is simple and often times lead you to believe that it will be as easy as pie. Far too often, however, this turns out to be something just shy of the truth. Divorces in Virginia can be complicated and costly.

What happens when the court rejects my paperwork? Can that even happen? What if the court turns me away? What happens when my soon-to-be-ex stops cooperating partway though the process? Where do I go from there?
— Prospective Client

With all of your pre-filled paperwork, you may still be left married and in need of costly legal services. Even if you get your "money back," you may have invested precious time and energy into a failed process. Depending on the mess you created with the well-intended assistance of a divorce papermill, it may actually cost you more than it would have to hire a private Virginia divorce attorney in the first place. Does their money back guarantee account for this?

The bottom line is, divorce in the Commonwealth of Virginia can be a very simple process and it doesn’t need to cost an arm and a leg.
— Attorney Lawrence D. Burroughs II

In all likelihood, your divorce can be completed quickly under the proper circumstances and for very little money, with the advice and assistance of a licensed Virginia divorce lawyer. Your time is an important part of the process that is often overlooked by papermill divorce companies. Do any of them offer you the ability to speak with an experienced Virginia divorce lawyer? Do you know what you may be entitled to or are unknowingly waiving with their stock paperwork? Are you making a well-informed decision?

Online forms can be helpful to a point, but they may not account for your unique needs when divorce is on the table.
— Attorney Lawrence D. Burroughs II

For a fair and reasonable price, why not retain qualified legal counsel (a licensed Virginia divorce attorney) to guide you through the process? It doesn't have to be rocket science, but we know it can seem that way sometimes. Contact us today to determine whether a Frugal Legal no fault divorce will work for you. Your matter is important to us. All we ask is for an opportunity to prove it to you.

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Military Divorce


Let us handle your uncontested divorce so you can focus on protecting our nation.

Military Divorce


Let us handle your uncontested divorce so you can focus on protecting our nation.

Serving our finest in uniform for more than a decade.

Burroughs Law Office, P.C. has provided legal support and services to servicemembers for more than a decade right here in the heart of Hampton Roads. We are based in Virginia Beach, VA and are conveniently located west of Town Center on Virginia Beach Blvd just off I-264, only minutes from the oceanfront. More tha 85% of our cases involve a branch of the United States armed forces. Whether the Coast Guard, Army, Navy, Air Force, or Marines, Frugal Legal Services® may be the perfect fit for your needs. Please contact us for more information or read on for answers to some of our more commonly asked questions.

Special considerations in military divorces.

What if one of us does not reside in Virginia?

If at least one of you resides in Virginia (or is stationed in Virginia), jurisdiction should not be an issue. It is common in military cases where separation has already occurred that one of the parties no longer resides in Virginia. Feel free to call our office at (757) 363-0077 if you need clarification on your situation before getting started.

Do we both have to live in Virginia?

No. In fact, as stated just above, it isn’t uncommon for one of the parties to reside in another state. Only one of you needs to call Virginia home for jurisdiction with a divorce. Specifically, one or both of you must reside in Virginia at the time you file a Complaint for Divorce and for at least six months immediately preceding that date.

What is my home of record and does it affect anything?

If your home of record is somewhere other than Virginia, but you are stationed here in Virginia, you can likely file here. A home of record is the place from which you entered the military; it is not necessarily where you’re from. It is possible that your home of record is also your state of residence, but that isn't always the case. A spouse of a servicemember does not have a home of record, unless, of course, they are also on active duty in the military. Please call our office at (757) 363-0077 if you have any questions.

Do I have to appear in court for the divorce?

In nearly every case, neither you nor your spouse will be required to appear in person. Rather, you and a corroborating witness will appear by affidavit. We draft these documents for you and present everything to the court. In the unlikely event you are required to appear, you will not be charged for a court appearance by your attorney. We handle everything from start to finish.

I am currently deployed. Can I start now or do I have to wait?

As long as you meet the requirements for residency here in Virginia and you’ve been separated from your spouse for the statutory period of time as prescribed by law (six month or twelve month, depending on your circumstance), we can file now. It doesn’t matter whether you are here. Even if you are currently detached or deployed, we can help!

Do I need a separate order if we are dividing a military pension or thrift savings plan?

No. We can handle this as part of your final decree of divorce. If you and your spouse have worked out the specifics of the division of either a military pension or thrift savings plan, we will include this in your separation agreement and final decree of divorce. It is, however, your responsibility to file said order with DFAS for consideration for direct pay when appropriate. You can visit https://www.dfas.mil/ for more information.

How do I get started?

Getting started is easy. The first step after determining whether you qualify for an uncontested divorce in Virginia is to make sure your spouse will cooperate. Remember: There are no refunds after we’ve drafted a separation agreement or complaint for divorce for you if you spouse declines to cooperate. Assuming they are onboard, all you need to do is select the appropriate option below, add it to your cart, and check out like you would anywhere else online. Our attorney will then follow up with you by email with further information and will get to work on your case right away.

CLICK THE option (mustache) BELOW TO GET STARTED RIGHT AWAY! are you UNSURE WHICH option IS right FOR YOU? just CALL OUR ATTORNEY AT (757) 7363-0077

*Please be advised that in the event your spouse declines to cooperate in signing the separation agreement or waiver, there are no refunds provided for any portion paid to our office. Also note, we cover the cost of filing fees for matters we file on behalf of our clients; they are NOT a component of the flat fee our clients pay for legal services. We bill our flat rate fees for work performed and cover the filing fees separately after the separation agreement or step-parent adoption paperwork is signed/notarized and returned to our office for filing. With this in mind, please make certain your spouse will cooperate BEFORE proceeding with Frugal Legal Services®. If you would prefer to work through the agreement process separately in a potential divorce matter because you are unsure whether your spouse will cooperate, we do offer flat rate fee services to draft those documents as well. Please see above or call (757) 363-0077 for more details.

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LGBTQ+ Community


LGBTQ+ Community


Redefining the Family Law Practice!

When we made our pledge to redefine the family law practice over a decade ago, we really meant it. Our firm is committed to serving those in the LGBTQ+ community. We pride ourselves on providing those who seek inclusiveness with the same level of care and consideration regardless of race, sex, gender, or sexual orientation. We see people as people. We see family as a loving unit, not as a legal relationship between one man and one woman. Family is much bigger than that. It is grandparents and aunties and uncles. It is brothers and sisters and cousins. It is partners, significant others, husbands, and wives. It is loving parents caring for their precious little ones. Family is love.

Same-sex Marriage in Virginia

What is the difference between marriage and same-sex marriage? Nothing, really. Marriage is a legally recognized union of two people. Same-sex marriage is merely a label created and used by society to describe a marriage between two people of the same sex. Sounds simple, right? Well, as it turns out, it is much more complicated than that. And while it's easy to dismiss the nuances of nontraditional marital relationships, doing so doesn't make it any less real. Society should strive to find new ways to celebrate diversity in family, not deny people access to basic rights because they do not conform to a limited interpretation of marriage. Love is love. Full stop.

Do we treat these types of marriages any differently from others? Again, there's no real difference. The distinction made is merely statistical. If you are married and are seeking a divorce, we can help you just like anyone else. For this reason, same-sex marriage is just a distinction without a difference. We divorce married couples. Full stop.

Divorce isn't any different for same-sex couples. All of the same challenges exist.

Divorce isn't any different for same-sex couples. All of the same challenges exist.

Problems with the current state of things for same-sex couples

The primary problem with the current state of the law in Virginia for same-sex couples is that there is a lot of archaic language referring to husbands and wives and mothers and fathers, but none, really, that addresses the reality for growing minority of the population today. And while the Virginia legislature has made efforts to rectify this situation, it has failed to make any significant progress in this regard. The one thing we do know is marriage is no longer narrowly interpreted so as to discriminate against those in the minority. Love has prevailed. And with love and marriage also come separation and divorce. None of these acts with discretion. Love, marriage, and divorce do not discriminate - nor should we.

We’re more alike than we are different.
— Somebody Really Smart

It's so much more than sexual orientation

The same-sex debate doesn't even get into an important part of the discussion that many, including myself, face in their relationships today, both successful and failed. Even though a lot of progress has been made over the last few years, we still have a long way to go. This is just the tip of the proverbial iceberg. In addition to minorities based on sexual orientation, there exist other marginalized groups seeking the same acceptance and integration. The is why we offer assistance with name changes, gender marker changes, and general advice to those in the transgender community. Please call our office at (757) 363-0077 with any questions or explore our online name change process below.

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Frequently Asked Virginia Divorce Questions Answered


50+ Divorce Questions and Answers. This is not legal advice. You should speak with attorney if you are seeking legal advice.

Frequently Asked Virginia Divorce Questions Answered


50+ Divorce Questions and Answers. This is not legal advice. You should speak with attorney if you are seeking legal advice.

50+ Frequently Asked Divorce Questions Answered

Please read the following carefully before proceeding: The information contained on this site and the following no fault divorce questions, in particular, are an advertisement providing general information only, and are no substitute for legal advice from a qualified Virginia divorce lawyer. Only a signed representation agreement and fully paid flat fee with Frugal legal resources creates an attorney-client relationship.

1. What are the grounds for a final divorce (divorce a vinculo matrimonii) in Virginia? Fault and no fault divorce in Virginia - the basics.

For a final divorce to be granted, any of the following must be present (Section 20-91 of the Virginia Code):

  • Separation for 6 months, if the parties have no minor children and have entered into a separation agreement.
  • Separation for 12 months, with or without children.
  • Adultery.
  • Felony conviction and confinement in excess of one year.
  • Cruelty or causing reasonable apprehension of bodily hurt after a period of 1 year from the date of the acts.
  • Will desertion or abandonment after a period of 1 year from the date of the act.

2. What is the least amount of time my spouse and I are required to be apart before the court will grant our divorce?

The least amount of separation required in Virginia is 6 months. A final divorce may be granted on a separation of 6 months if the parties have entered into a written and signed separation agreement and there are no minor children. In this case, the parties are required to live separate and apart without cohabitation and without interruption for a period of at least 6 months. Only one of the parties must have intended for the separation to be permanent at the time it commenced. No minor children may be born of the parties, born of either party and adopted by the other, or adopted by both parties. If you have minor children by this definition, then you are required to live separately and apart, without cohabitation, and without interruption for a period of at least 12 months, unless a fault based ground for divorce exists. If you believe you may have a fault ground for divorce at play or have any questions, please contact a qualified divorce attorney today.

3. How long must we live apart before the court will grant our divorce if we have a minor child?

A final divorce may be granted on a separation of 12 months where there is a minor child born of the parties, born of either party and adopted by the other, or adopted by both parties. The parties must have lived separate and apart without cohabitation and without interruption for a period of 12 months. Only one of the parties must have intended for the separation to be permanent at the time it commenced.

4. Is a separation agreement required for the court to grant a no fault divorce in Virginia?

There is no requirement that the parties enter into a separation agreement or property settlement agreement to proceed in a divorce based on no fault grounds with at least 12 months of separation. It is, however, a requirement for a Frugal Legal no fault divorce in VA. Assuming you qualify and sign up for a Frugal Legal no fault divorce, a licensed divorce lawyer will draft a comprehensive Marital and Property Stipulation Agreement at your direction for you and your spouse to sign in the presence of a notary public. Once your period of separation has concluded, the same lawyer will submit it to the court and request in the prayer for relief contained in the complaint for divorce that it be incorporated into a final decree of divorce.

In all other cases, our full service family law firm can file a complaint for divorce even if the parties have not reached an agreement concerning the various issues in their marriage. This is generally a much more costly proposition because the parties are essentially proceeding with a contested divorce. While an online Frugal Legal no fault divorce starts at just $375.00 without children and $425.00 with children, a contested divorce requires a deposit of several thousand dollars just to get started.

5. What is an uncontested divorce in Virginia?

An uncontested divorce is a divorce in which all matters are resolved by agreement. In other words, there is not a single issue in controversy. Both parties are on the same page for everything. Some commonly contested issues are spousal support, equitable distribution (property division), and matters involving child custody, visitation, and child support. If you and your spouse have reached a comprehensive agreement that can be reduced to writing by our licensed Virginia divorce attorney and you meet all other requirement for an uncontested, no fault divorce in Virginia, then a Frugal Legal no fault divorce may be for you. To see if you qualify, CLICK HERE to take our short survey.

6. What are the requirements of a no fault divorce in the Commonwealth of Virginia?

According to Section 20-91(9)(a) of the Virginia Code, a divorce may be granted on the application of either party if and when the parties have lived separate and apart without cohabitation and without interruption for 1 year. No separation agreement is required here, however, it is highly recommended. In order to utilize a Frugal Legal no fault Virginia divorce, we require that you and your spouse enter into a written and signed separation agreement. Once your retainer fee is paid, you are not charged any additional costs or fees. Remember, there are no hidden fees. If the parties have entered into a written and signed separation agreement and there are no minor children born or adopted of the marriage, a divorce may be granted if and when the parties have lived separately and apart without cohabitation and without interruption for only 6 months.

7. We were married in another state. Can you help?

As long as you meet the requirements for an uncontested no fault divorce in Virginia, we can help. It doesn't matter whether you were married in another state as long as at least one of you is domiciled and resides in Virginia today and for the previous 6 months. If you are an active duty member of the United States armed forces and are stationed here in Virginia, which counts too.

8. My partner and I are a same sex couple married in another state. Can you help?

Absolutely! Until recently, Virginia did not recognize same sex marriage, even those that were granted by another state. Today, however, Virginia does recognize same sex marriage. Frugal Legal Services can help.

9. Why do i need a separation agreement if it isn't required?

A separation agreement is not required by the court to grant an uncontested no fault divorce in Virginia. In order to utilize a Frugal Legal no fault divorce, however, one is required. Our licensed Virginia divorce lawyer can draft a separation agreement for you if you don’t have one already. It doesn’t cost any extra if we're drafting it along with your no fault divorce in Virginia. If you have one that you prefer we use, we will. The price is the same either way. Again, no hidden fees! CLICK HERE to get started. If you are not quite ready for a Frugal Legal no fault divorce in Virginia, we can draft a separation agreement for you for as little as $175.00.

10. What do i do if my spouse stops cooperating?

If your spouse stops cooperating, we are there to help. Of course, one of the primary reasons people select Frugal Legal Services is to save money. If he or she stops cooperating, it will only cost him or her a lot of money in the end. If your spouse stops cooperating, we can perform legal services for you at our hourly rate of $300.00. A deposit is required at that time as well. If you cannot afford our services or decide to use another firm to resolve your divorce from that point forward, we will simply withdraw. As long as you cooperate with our motion to withdraw, there will be no other fees on your end for our services. Keep in mind, however, that family law is our focus and we are more than happy to help. If this becomes necessary, our separation agreement contains a clause that will allow you to request reimbursement for legal fees incurred.

11. Does my spouse need an attorney or can Frugal Legal Services represent both of us?

Your spouse is not required to hire an attorney. It is his or her choice. In order to qualify for a Frugal Legal no fault divorce, however, your spouse will proceed pro se (without an attorney). If your spouse hires an attorney and we perform additional work as a result, you agree to pay for our services from that point forward at our hourly rate of $300.00. To keep the costs down, most people choose to forgo that expense. Remember, we will provide your spouse with electronic access to all court documents and, with your permission, electronic status updates by e-mail or text. It really is designed to be as simple and transparent as possible.

12. Will i have to appear in court to finalize the divorce?

You and a witness will complete an affidavit after the complaint for divorce is filed with the court. This affidavit will allow us to proceed without appearing in person. If we appear on your behalf to enter the final decree, you will not need to be there. The beauty of this process is that you pay next to nothing and have very little work to do. We handle it for you!

13. I see you are physically located in Virginia beach. What if I don't live nearby?

Virginia allows parties to file in any city as long as neither party objects. This is what is referred to as venue. A Frugal Legal no fault divorce is available to resident in Virginia with an internet connection that qualifies for an uncontested no fault divorce.

14. How long will my divorce take?

Your timeline can be impacted by two factors. You and your spouse control the first factor. How quickly will you and your spouse respond to our updates? If you respond quickly, your divorce can be finalized quickly. The second factor is a bit beyond your control. It is dependent upon how quickly the court takes to circulate your paperwork and enter the final decree. When the stars are aligned, it can take as few as 2-3 short weeks. Depending on the time of year it may take a few weeks longer, generally between 2-6 weeks. The bottom line is, however, that it will happen as quickly as possible. We have every incentive to resolve your matter as quickly and efficiently as we can. That’s precisely how we keep your cost so low.

15. What if we don't want to sign a separation agreement?

If you are a couple without any children and are interested in getting a divorce with only 6 months of separation, then a separation agreement is absolutely required. In all other cases, it is optional. That being the case, we highly recommend that you have one. For this reason, we include this at no additional cost to all Frugal Legal no fault divorce clients. The question then becomes, why wouldn't you sign a separation agreement? In order to utilize a Frugal Legal no fault divorce in Virginia, but prefer to have a separation agreement drafted for you today, simply CLICK HERE to get started!

16. What if we have our own separation agreement?

We are happy to use yours. If yours was not drafted by a licensed Virginia divorce lawyer, there is a chance it doesn’t cover everything as well as it could. In some cases, it may inadvertently harm one or both of you. We strongly recommend that you allow our licensed Virginia divorce lawyer to draft your separation agreement. After all, your fee is the same either way. As there are no hidden fees, please consider taking advantage of everything we have to offer.

17. What if I have legal questions?

We offer all Frugal Legal Services clients the ability to speak with a licensed Virginia divorce attorney by phone at a discounted rate of $250.00 an hour. We book and bill in a minimum of 30 minute intervals and charge for the first 30 minutes by phone up front when you make your appointment. After you’re a paid Frugal Legal Services client, simply call (757) 745-3454 to set up a time to talk. Since we make these appointments by phone, it is easy to accommodate after hours and weekend appointments.

18. Why does my spouse need to sign a waiver?

If your spouse is unwilling to sign a waiver, then you should not proceed with a Frugal Legal no fault divorce. Please call our office for details on how we may be able to help with more traditional hourly legal representation. The waiver helps make this process simple and cost effective for everyone involved.

19. What exactly is my spouse waiving if he/she signs the waiver?

Specifically, your spouse is waiving his or her right to be served by a private process server with a summons and the complaint for divorce. Without a waiver we are required to select a date for trail and appear in court. THIS COSTS MONEY! Instead, when your spouse signs a waiver, we e-mail these documents to your spouse and no court appearance is required. Remember, complete transparency. Your spouse is also waiving the period of time he or she has to answer the allegations set forth in your complaint for divorce. Since this will be based on no fault grounds (uncontested), those allegations will simply be that you and your spouse have been separately and apart without cohabitation and without interruption for 6 or 12 months. We are not filing fault-based allegations. In full disclosure, the time period your spouse would normally have to respond to a summons and complaint for divorce that is served by a private process server on him or her is 21 days. You read that right, 21 full days. Signing the waiver eliminates the need to wait the 21-day period and speeds up the process considerably. Lastly, your spouse is making a general appearance and waiving his or her right to be notified of all future proceedings. Again, this reduces costs and keeps things moving along quickly. Since this is uncontested and we are providing status updates to both of you, this should not be an issue.

20. My spouse is on active duty in the United States military. Why does he/she have to sign a separate Servicemembers Civil Relief Act waiver?

SCRA is a program that provides certain protections from civil actions against service members who are called to active duty. Without a waiver, we will need to employ a private process server and appear in court. If your spouse does not sign the SCRA waiver, then you cannot proceed with a Frugal Legal no fault divorce.

21. My spouse is active duty military. Will I continue to be eligible to receive health care benefits after we’re divorced?

TRICARE provides a divorced spouse who has not yet remarried with transitional health insurance called Continued Health Care Benefit Program (CHCBP). While arguably expensive, CHCBP provides a qualified former military spouse having a preexisting medical condition or no coverage available through his or her employer with continued TRICARE coverage for up to 36 months. A qualified former military spouse is one who did not remarry under the age of 55; was enrolled as family member in an approved health care benefits program such as TRICARE at any time during the previous 18 months before dissolution or annulment; and is receiving a share of the servicemember’s military pension, or has a court order or written agreement awarding a share of said pension.

22. I am a soon to be former military spouse and believe I may be eligible for coverage under the Continued Health Care Benefit Program. What do I need to do?

First, be sure to seek legal advice from a competent benefits expert. Make sure you qualify. We offer advice by telephone at a discounted hourly rate. In general, though, if seeking continued coverage, the former military spouse is required to enroll within 60 days of the loss of TRICARE eligibility by completing a DD Form 2837 and mailing in proof eligibility and a check for the first quarter of coverage. A former spouse’s loss of eligibility will occur either on the date of divorce or, if 20/20/15 qualified, the end of the one year period of continued coverage.

23. How much does the Continued Health Care Benefit Program cost?

The current quarterly premium rates (October 1, 2014 - September 30, 2015) are:

  • Member Only: $1,275 per quarter
  • Member and Family: $2,868 per quarter

CHCBP premiums are subject to change each fiscal year (FY) on October 1.

Renewing Coverage

  • CHCBP coverage is purchased in 90-day increments-premiums are billed quarterly.
  • Humana Military sends a renewal notice 30 days before the expiration of each quarterly coverage period.
  • Renewal premiums must be paid before the coverage expression date printed on the renewal notice.
  • Payments postmarked later than 30 days after the last date of coverage will result in loss of CHCBP benefits and permanent loss of qualification to purchase CHCBP coverage.

24. I am a former military spouse and I qualify under the 20/20/20 rule. What coverage is available?

Coverage will continue equivalent to that of TRICARE Standard unless the former military spouse pays a $230 annual premium for coverage equivalent to that of TRICARE Prime. It is former military spouse's duty to advise DEERS of the divorce and arrange for the change in sponsor. Health care coverage does not cover dental.

25. I am a soon to be former military spouse and have been married for at least 20 years. Do I qualify under 20/20/20?

A 20/20/20 former military spouse is defined as a dependent and is entitled to all military benefits and installation privileges, including medical, commissary, military exchanges, etc. To qualify, a former military spouse must have been married for at least 20 years to a servicemember with at least 20 years of creditable military service and at least a 20 year overlap between the marriage and creditable military service.

26. I am a soon to be former military spouse with fewer than 20 years of marriage. What is the 20/20/15 rule?

Under this rule, a former military spouse is defined as a dependent for purposes of military medical care only and is entitled to one year of transitional medical benefits. These benefits DO NOT include other benefits, such as commissary, military exchanges, etc. The minimum requirements for qualification under the 20/20/15 rules are that a former military spouse must have been married for at least 20 years to a servicemember with at least 20 years of creditable military service and at least a 15 year overlap between the marriage and creditable military service.

27. If I ultimately qualify for continued coverage under the 20/20/20 rule, what happens if I remarry?

All medical benefits are suspended while a former military spouse is covered under an employer-sponsored health care plan and terminate upon the remarriage of a former military spouse who previously qualified under the 20/20/20 rule. Commissary, military exchange, and other installation privileges are suspended while remarried, but may be reinstated upon the remarriage terminating due to death or divorce.

28. Who would make an appropriate corroborating witness?

Your corroborating witness must be someone who knows either you or your spouse really well, preferably both of you. This is generally someone such as a close friend or relative that lives near you and is able to testify that he or she would be in a position to know firsthand whether you and your spouse have reconciled. Your corroborating witness must sign an affidavit that states that you and your spouse have lived separately and apart without cohabitation and without interruption, for a period of at least 6 or 12 months depending on your situation. Clearly, if your corroborating witness has not known you long enough to testify this way or lives far away from you, then he or she would be inappropriate.

29. What are the affidavits used for?

You and a corroborating witness will each complete an affidavit after the complaint for divorce is filed with the court. Our licensed Virginia divorce lawyer will draft these documents and e-mail them to you. We will need an original, notarized affidavit from you and your corroborating witness returned to our office for submission to the court. You can drop them off in person or simply mail them back to us. We have a Notary Public on staff during business hours who will gladly notarize your affidavits in our office. All she will need is for you to come into the office in person with picture identification (a driver's license will work just fine). This service is free of charge to all Frugal Legal Services clients. If this isn’t convenient for you, you can use any other Notary Public.

30. How frequently will I receive updates?

You will receive updates each time something is filed or received by our office in your divorce matter. If your spouse inquires, we can provide status updates to him or her as well with your approval. All status updates are provided by e-mail or text, depending on your preferences.

31. will you provide my spouse with any updates?

At your direction and with his or her consent, we can provide status updates by e-mail or text. We will not, however correspond directly with your spouse. It will be your responsibility to forward any documents to your spouse that need to be signed and notarized (waiver).

32. What if I don't live in the Hampton Roads/Tidewater/Coastal Virginia area?

Fortunately, we can handle your divorce no matter what part of Virginia you call home. As long as you meet the requirements for Frugal Legal Services, we can help. We are fast, professional, and very inexpensive. All you need is an internet connection. Frugal Legal Services really is Virginia Divorce Made Simple for Less! Even though we are physically located in Virginia Beach, we can handle your uncontested no fault divorce from any city in the Commonwealth of Virginia. As long as you have an internet connection and qualify for an uncontested no fault divorce in Virginia, we can help. And don't worry, once your final decree of divorce is entered, it will offer the same protections in any other state as it does right here in Virginia.

The following are just a few of the cities in Virginia whose residents may take advantage of Frugal Legal Services: Virginia Beach, Richmond, Charlottesville, Norfolk, Alexandria, Roanoke, Williamsburg, Newport News, Fredericksburg, Chesapeake, Fairfax, Lynchburg, Manassas, Hampton, Falls Church, Blacksburg, McLean, Portsmouth, Staunton City, Herndon, Leesburg, Vienna, Quantico, Suffolk, Ashburn, Lexington City, Petersburg, Culpeper, Langley, Warrenton, Salem, Midlothian, Glen Allen, Luray, Christiansburg, Bristol, Cape Charles, and Hot Springs.

33. How much is your deposit for a contested divorce trial?

Our office in Virginia Beach, Virginia handles wide variety of contested matters. We handle contested fault-based divorces in Virginia, child custody, visitation, and child support matters in addition to stepparent adoption and basic name changes in Virginia Beach, Norfolk, Chesapeake, and other Hampton Roads / Tidewater cities. Our deposit for most contested matters ranges between $3,500.00 and $5,000.00 and is much lower for less complicated matters. We bill at an hourly rate of $300.00. If you have another related matter, please call (757) 745-3454 for more information.

34. what if i have questions after the divorce is FINALIZED?

If your questions are related to your Frugal Legal no fault/uncontested divorce, we bill at a discounted hourly rate for telephone consultations. We offer all Frugal Legal Services clients the ability to speak with a licensed Virginia divorce lawyer by phone at a discounted rate of $250.00 an hour. We book and bill a minimum of 30-minute intervals and charge for the first 30 minutes by phone up front when you make your appointment. After you’re a paid Frugal Legal Services client, simply call (757) 745-3454 to set up a time to talk. Since we make these appointments by phone, it is easy to accommodate after hours and weekend appointments. For all other matters, we bill at an hourly rate of $300.00. Please call for details.

35. How long do I have to wait to get remarried?

Technically, you can get married right away. We have represented people that get married the very next day. Keep in mind, however, that your spouse has a right to appeal a decision of the court for a period of 30 days after the divorce is granted. This means that if there were an appeal and the divorce were overturned on appeal, it could invalidate your marriage.

36. Are there any hidden fees?

The only other fees you may encounter will be the cost to mail something back to us or the cost of gas to come into the office to utilize our free notary services. We do not nickel and dime you. All court filing fees are paid by us. You are reading this correctly. We pay all of your initial court filing fees!

37. What issues are covered in a marital and property settlement agreement?

A proper martial and property settlement agreement in Virginia (VA separation agreement) covers a wide range of marital issues. In addition to establishing a valid separation date, a comprehensive separation agreement generally serves to convert a contested fault divorce into an uncontested no fault divorce in VA. Additionally, a separation agreement can resolve matters involving children (child custody, visitation, and child support) and equitable distribution (property division); the goal being to protect each party from future fallout. Of course, whether an agreement can be reached depends solely on you and your spouse. If you're not able to proceed with a divorce but have reached an agreement, consider allowing our attorney to draft a VA separation agreement for you today. Our agreements start at just $175.00. If, on the other hand, you are ready to proceed with your Frugal Legal no fault divorce in Virginia, click through steps 1, 2, and 3 on our home page to get started today!

38. Do you offer a refund if we change our mind?

Once your flat fee is received, we begin to work immediately. At our standard hourly rate to perform work in your matter, the flat fee received is earned when we receive and review your responses. That's actually good news for you. This means you are not paying any extra for the time it takes Frugal Legal Services to complete your no fault divorce. You are also not paying for any court costs or filing fees. Given the fact that after the first 30 minutes we are virtually working for free, we have every incentive to finalize your matter as quickly and efficiently as possible. A refund may be offered only if there is a conflict of interest. In that case, you will be notified as soon as our conflict check is performed and we will issue a return of your flat fee within 30 days. Otherwise, we cannot offer any refunds for work performed. We will, however, see your uncontested no fault divorce in Virginia through to its completion and guarantee Virginia court approval of your divorce (see our Representation Agreement for more details). As long as everyone fully cooperates and provides truthful responses, you will be divorced. Please be sure you are ready to proceed before retaining an attorney through Frugal Legal Services.

39. Can you stop the divorce after it is filed if we change our minds?

Absolutely. We can file a motion to non-suit. There is a separate fee for this process of $200.00 due in advance. While we may be required to appear, you will not need to appear in court.

40. Can you help us with other legal issues?

We provide comprehensive legal services in divorce and other family law related matters such as child custody, visitation, child support and domestic violence. We also offer juvenile and other criminal defense representation as well as estate planning services. Please call our office at (757) 745-3454 for more information. You can also visit our main site at www.burroughs-law.com.

41. What is a do-it-yourself uncontested divorce?

Some online companies claim to make divorces in Virginia simple. Often times for a fee, they provide you with fill in the blank forms and send you on your merry way. They know you want a cheap divorce in VA and figure you won't mind parting with a little money to give it a shot on your own. Some try to rope you in by offering free Virginia divorce forms online. What they don't do is file it for you. They don't see it through to the end and aren't there if something goes wrong. For roughly the same price, Frugal Legal Services will draft your Virginia property settlement agreement and court documents, pay your Virginia divorce court filing fee, and guarantee that your Virginia divorce decree is entered. In other words, for as little as $400 (no hidden fees or court costs), we handle the entire Virginia divorce process for you from start to finish. $400.00 is the equivalent of only $310.56 for the divorce by a Virginia divorce attorney and $89.44 for the filing fee.  If you already have a written and signed separation agreement, the cost is just $350! As long as you provide truthful responses and you and your spouse fully cooperate, you will be divorced with Frugal Legal Services. After all, why do it yourself when we can do it for you for less?

42. Is Virginia a no fault state?

The short answer is YES! Neither party to a divorce is required to base his or claims on fault-based grounds for divorce in Virginia. Common fault grounds for divorce in VA are adultery, cruelty, and desertion. Contested divorce in Virginia can be costly and time consuming. If you and your spouse know what you want and qualify for a no fault divorce in Virginia, Frugal Legal Services may be an option for you.

43. Is filing for separation in Virginia necessary?

It couldn't be easier in Virginia. To separate, one need only form the intent and begin to live separately and apart without cohabitation and without interruption for one full year. This time period may be shortened to 6 months if there are no children and the parties have entered into a separation agreement. While we highly recommend resolving your issues and memorializing your agreement in the form of a written and signed property settlement agreement, it isn't absolutely required. If you aren't able to proceed with a Frugal Legal no fault divorce VA, please consider having our licensed Virginia divorce lawyer draft a separation agreement for you today. CLICK HERE to get started today! Even if you have one, there is no method for filing for separation in Virginia with it.

44. Is a birth certificate or marriage license required to file for a divorce in Virginia?

Neither is required to file here in Virginia. Unless the court finds a reason to address the validity of the marriage, you should have no reason to submit these documents to the court.

45. Will I receive a hardcopy of the Final Decree of Divorce after the divorce is finalized?

After your divorce is final, your attorney will email an electronic certified copy of your Final Decree of Divorce to you at the email address we have on file. The Circuit Court will not issue a hardcopy unless one is specifically requested. To request one, you will need to contact the Norfolk Circuit Court Clerk of Court, located at 150 St. Paul's Boulevard, Norfolk, Virginia 23510, preferably in writing. Please keep in mind that your electronic copy is an official certified Final Decree of Divorce. This is the way of the future. The court does not maintain any original documents. Everything is digitally archived and certified electronically.

46. How do I restore my maiden name?

To restore a former name changed by reason of marriage, one of the parties must ask either in the Complaint or in any motion filed with or after the Complaint to resume their maiden or former name, and additional fee for recording of a name change is required. That fee is $21.00 in the City of Norfolk. When the final decree of divorce form the bond of matrimony is signed, the court may restore the party’s maiden or former name in a separate order meeting the requirements of Virginia Code Section 8.01-217, provided the proposed order changing the name is submitted along with the final decree of divorce.

According to Section 8.01-217(C) of the Virginia Code, “on any such application and hearing, if such be demanded, the court, shall, unless the evidence shows that the change of name is sought for a fraudulent purpose or would otherwise infringe upon the rights of others or, in a case involving a minor, that the change of name is not in the best interest of the minor, order a change of name. The order shall contain no identifying information other than the applicant's former name or names, new name, and current address. The clerk of the court shall spread the order upon the current deed book in his office, index it in both the old and new names, and transmit a certified copy of the order and the application to the State Registrar of Vital Records and the Central Criminal Records Exchange. Transmittal of a copy of the order and the application to the State Registrar of Vital Records and the Central Criminal Records Exchange shall not be required of a person who changed his or her former name by reason of marriage and who makes application to resume a former name pursuant to Section 20-121.4.”

Accordingly, the proposed order must contain no identifying information other than the applicant’s former name or names, new name, and current address.

The Norfolk Circuit Court has a sample form available if you are uncomfortable drafting one on your own. Any questions should be directed toward your attorney. If you are not our client and desire to restore you former/maiden name, please submit a check made payable to the "Norfolk Circuit Court Clerk" in the amount of $21.00 along with your Order for Restoration of Former Name so that we may include it with your final decree. If you have any questions, please call (757) 745-3454.