There are two main types of divorce cases in Virginia: fault and no-fault. A fault divorce is difficult to prove because there are limited grounds for this type of case, and your spouse will most probably contest them. On the other hand, a no-fault divorce requires you to prove that you have been separated for a year or you do not have minor children with your spouse.
Nevertheless, most divorce lawsuits are complicated, even in a no-fault divorce. For that reason, it’s advisable to hire an experienced divorce lawyer to represent you. Sometimes you can successfully file a divorce case without a lawyer, though. This is particularly beneficial to people who cannot afford to pay a lawyer. This article talks about how to file for divorce in Virginia without a lawyer.
How To File For Divorce In Virginia Without An Attorney
As mentioned above, a fault divorce case is quite difficult to win because you have very few grounds to base your case upon, and your spouse will most likely contest them. Therefore, you will need the help of a divorce lawyer to pursue justice. But an uncontested divorce is easy to file, even without a lawyer, if both of you have already agreed to separate. This can often be a more affordable route as you can avoid paying attorney fees throughout the divorce. Here are some simple steps to follow when filing for divorce in Virginia without a lawyer.
Make Sure You Are Separated From Your Spouse
If you want to file an uncontested divorce in Virginia, you have to prove to the court that you have been separated from your spouse for at least one year or six months if you do not have minor children with your spouse. You also need to have a signed separation and property agreement before you file for divorce.
Choose Where to File for Divorce
To file for an uncontested divorce in Virginia, you must have been a resident of the state for at least six months. And if you are deployed, you must have been a resident for at least six months before the date of deployment. So, you can’t file for divorce in the county you live in if you do not meet these residency requirements.
File The Forms And Serve Your Spouse
A formal proceeding of your divorce case will only start when you formally file a complaint and all related documents with the appropriate court. These documents are available online on the state’s website. When you file the forms, make sure you provide all the necessary information, including the grounds for divorce, evidence to prove that you meet the residency requirements, and proof of marriage, including the date and location of the marriage.
If you have children with your spouse, you have to include their birth certificates. Each spouse’s military status is also needed. Additionally, you will be required to fill out a cover sheet and a state-specific form known as the Commonwealth of Virginia Report of Divorce or Annulments (Form VS-4).
You also have to pay a filing fee, which depends on the court you file in. Once you’ve successfully filed these documents, you are supposed to serve your spouse with the copies either through the formal service process or informally, if they’ve agreed in writing to relinquish the formal service requirement.
Request And Attend The Hearing
You have to request and attend the hearing, which is often an expedited short meeting. If you can’t attend the hearing, you must file an affidavit.
The request should include a signed proposed divorce order, name change request (if necessary), copy of your separation agreements, a VS-4 form, and a copy of proof of service or waiver of service.
At the hearing, you should provide enough evidence to support your case and answer all the questions the judge or magistrate might ask.
Get The Final Order
To complete the proceedings, the judge or magistrate must sign the final decree. Each of you should get a copy of this order, which contains all the rules issued by the court. You are supposed to follow these rules, including child custody arrangements, alimony payments, and property division. If you and your spouse are not able to make a child custody agreement on your own, understanding the additional costs of a child custody lawyer is important to consider.