Getting Divorced In Virginia

In the state of Virginia an individual has the right to represent him or herself at court in all cases, including those pertaining to divorce

. However, while this may appear to be a less expensive option it is something that you need to consider carefully before going down that route.

Representing yourself can be a good option, providing both parties have already amicably agreed to everything to do with money, children and property. However, if the divorce isn't amicable or you haven't been able to settle all the issues, then representing yourself could be an expensive mistake, let alone the stress you will suffer during the court case. Remember, that once the court has officially divorced you there is no going back, if you find later that you forgot to include anything.

However, from a purely financial aspect, representing yourself is less expensive and probably can be completed for well under $150 dollars, including the court fees. Nonetheless, there are many law firms who advertise completed an uncontested divorce for less than $500 dollars, including court fees. If you are willing and able to pay the extra, it will ensure that your interests are looked after. It can also mean the divorce will happen quicker, because the law firm is familiar with the paperwork required and will ensure it's correct before being presented to the court.

Circuit courts in Virginia all have jurisdiction to hear divorce cases; the circuit court your paperwork is presented to is usually the court in the county where you or your spouse reside.

The law states that once you have filed for divorce your spouse has a period of 21 days to respond; if your spouse lives also lives in the state of Virginia. This increases to 60 days, if your spouse resides outside of Virginia and to 90 days if your spouse resides overseas.

If after the specified time period your spouse does not respond and all the papers have been completed and presented to the court correctly, then you will be granted a divorce. In most instances it is necessary for you to make a brief court appearance, although this can be waived in certain circumstances. You may also need to get a witness to attend court to corroborate some of the facts.

For example, you will need to provide proof to the court that you have resided in Virginia for at least six months. You will also need to proof to the court that you and your spouse have lived separately for six months, if minor children aren't involved and 12 months if minor children are involved.

Providing you are able to meet the necessary requirements and the divorce is uncontested then the laws relating to divorce in Virginia are simple and can be dealt with quickly and inexpensively

by: Lawrence Reaves

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