How To File For Divorce In Virginia Without An Attorney
Full Answer
The Process
The request must include the following:
Virginia Divorce Laws
The forms you must file to start the divorce are:
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.
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.
There is a mandatory court filing fee for all divorces that is charged at the time the Complaint is filed. In the state of Virginia, the filing fee is about $80-90, depending on the county.
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...
In the state of Virginia, it is required that you live apart from your spouse for at least a year before you can file for uncontested divorce (six months if you have no minor children as well as a signed separation agreement).
Uncontested 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.
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.
What is a wife entitled to in a divorce in Virginia? Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouse's financial situation and assets.
Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.
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.