STEP 1: HOW TO START A VIRGINIA DIVORCE
The Process
The request must include the following:
Virginia Divorce Laws
The forms you must file to start the divorce are:
Court procedures in the Circuit Court are complicated - even in no fault divorces - so most people hire attorneys to assist them. However, in certain situations, you may be able to file for a divorce successfully on your own - without an attorney representing you.
Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesUtah$325Vermont$90 (if you are a resident of the state), $295 (without a stipulation)VirginiaUse this calculator to find your district's fees.Washington$31448 more rows•Jul 21, 2020
In Virginia, the quickest divorces are uncontested. State laws dictate you must be legally separated from your spouse for at least 1 year before you can begin divorce proceedings, but once you have filed for divorce, a simple case can be completed in a matter of months.
Also, if you want to file for divorce online, you'll typically need an uncontested case. And even if you could file for a contested divorce on your own, you almost certainly would need a lawyer's help—if at all possible—to get through the divorce process without jeopardizing your legal rights.
Once spouses are ready to proceed, they can file their papers with the local court. Virginia has an e-filing option, but only State Bar members and their designated staff can file divorce online in Virginia. Spouses filing for an uncontested divorce independently need to do it offline.
two to three monthsUncontested divorces usually take two to three months, after filing in our experience, and contested divorces can take up to eighteen months. D If you have gone through a contested divorce, and if there is no appeal, your divorce will be final thirty days after the judge signs the final decree.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
Getting an uncontested divorce can be fast and affordable. And you can use a lawyer.Uncontested divorce is quick because it is by agreement. ... Uncontested divorce is affordable because you do not have to pay a lawyer for seemingly endless trips to court.More items...
Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.
Meaning, divorcing couples in Virginia usually go from being married, to living apart (with or without a separation agreement), to getting a divorce—with a court only getting involved at the divorce stage. There is not an interim stage where a Virginia court grants the parties the status of “legally separated.”
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
Two Types of Divorce in Virginia If you don't have grounds, you will have to be separated from your spouse for a full year before you can file for divorce. Whether it is a fault or no-fault divorce, you do not need your spouse's signature or verbal agreement to file.