This program can help you create a document to take to court if you are seeking an uncontested divorce in Virginia.
Uncontested means that you have lived separate and apart from your spouse for six months if you do not have any children under 18 or one year if you and your spouse have minor children. This separation must be continuous, without interruption and without cohabitation. In an uncontested divorce, you do not have to claim your spouse did something wrong, like adultery or desertion. Virginia has nine legal aid programs and you can use the find legal help page to locate your local office. We have designed an online interactive interview to see if your circumstances might be appropriate for filing a divorce without an attorney.
Click here to learn more and get started. Individuals, families and small businesses can find plans that fit their needs and their budget, and nobody can be denied coverage for having an illness or a pre-existing condition.
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You have problems? So does everyone.
You have a divorce complaint to file? Get a divorce attorney. Divorce is a civil matter, not criminal, so to start a divorce in the Commonwealth, one party hires a divorce attorney preferably and has the divorce attorney file the divorce complaint that outlines the following information:.
Filing this information allows the court to determine jurisdiction. This is one of many good reasons to hire a family law attorney to handle your case.here
How to File an Uncontested Divorce in the Commonwealth of Virginia | LegalZoom Legal Info
Your attorney will know not only where to file the right paperwork. Some Virginia men feel they can save money and outwit the legal system by taking care of preliminary steps themselves.
Herewith a note of caution, not from our esteemed law firm but from Norfolk Circuit Court :. If you thought you could mosey on down to the courthouse, sweet-talk a clerk into helping you do the right thing at the right time, and maybe even get the right forms to fill out, think again. Rely instead on a family law attorney. Many legal issues can arise with an uncontested divorce as with a contested one. An uncontested divorce in Virginia must still be based on some cause of action.
Virginia Beach Circuit Court
The cause of action may be either no-fault or fault-based:. The type of grounds you choose may affect the results of your divorce proceeding. According to the recently passed House Bill 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.