how do i get divorced in virginia without a lawyer?

by Marquise Paucek PhD 5 min read

STEP 1: HOW TO START A VIRGINIA DIVORCE

  • Completely fill out the Bill of Complaint for Divorce and make at least two copies to submit to the county circuit court where you or your spouse resides.
  • You must also fill out a VS-4 State Statistical Form and submit it along with the complaint.
  • A filing fee must also be provided at the time of complaint submission. ...
  • Once the Bill of Complaint and supporting documents are filed, a clerk of the circuit court will review the filing and, possibly alert you to any missing documents. ...

If you're requesting an uncontested divorce, you'll need to agree to seek a no-fault divorce. In Virginia, a no-fault divorce means that neither spouse is responsible for the break-up and the spouses have lived separate and apart for at least 12 months before filing for divorce.

What are the steps for divorce in Virginia?

The Process

  • Preparation of the Divorce Papers. Each county within the state of Virginia has its own set of divorce papers. ...
  • Filing the Papers. Filing for divorce is relatively straightforward in Virginia. ...
  • Serving the Papers. After filing the papers, the petitioner has to serve them to the other partner, known as the “service of process.”
  • Final Hearing. ...

How to file for divorce in VA?

The request must include the following:

  • Proposed divorce order signed by both parties
  • Name change request (if applicable)
  • Copy of any separation agreements
  • VS-4 form
  • Copy of the proof of formal service or your spouse's waiver of service

What are the laws for divorce in Virginia?

Virginia Divorce Laws

  • Virginia Divorce Laws at a Glance. The basic provisions of Virginia's divorce laws are highlighted in following chart. ...
  • No Fault Divorce Laws. Virginia, like many other states, has amended its divorce law to include what is known as a “no fault” divorce.
  • Get Legal Help with Your Divorce in Virginia. ...

How do you get a divorce in Virginia?

The forms you must file to start the divorce are:

  • Complaint (you may find this form in the Virginia Poverty Law Self Help Divorce Packet)
  • VS-4 Form (you may get this form from the clerk of court), and
  • Cover Sheet for Filing Civil Actions.

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Can I file for divorce on my own in Virginia?

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.

How much does a divorce cost in VA without a lawyer?

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

How can I get a quick divorce in Virginia?

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.

Do I need a lawyer to file for divorce in Virginia?

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.

Can you get an online divorce in Virginia?

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.

How long does uncontested divorce take in Virginia?

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.

Can I divorce without going to court?

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.

What is the cheapest way to get a divorce in Virginia?

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...

Can you get a divorce without the other person signing the papers?

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.

Can you file for divorce in Virginia without a separation agreement?

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.”

How long do you have to be separated before divorce is automatic?

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.

Can you get divorce without your spouse signature in Virginia?

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.