Can I File for Divorce Without a Lawyer in Virginia?

Some divorces can be messy and require an experienced lawyer. However, if you and your spouse agree to an uncontested divorce in the state of Virginia, you may be able to file for divorce without the need for an attorney.

In order to obtain a divorce in the state of Virginia without an attorney, you have to follow the steps outlined below.

  1. Fulfill the Virginia’s Waiting Period Requirements. If you and your spouse do not have any children, you must have been living separately for a period of six months and have a written property settlement agreement before you can file for a divorce in Virginia. If you and your spouse have children, in order to file for a divorce in Virginia you must have been living separately for at least one year and have a signed settlement agreement before you can file for a divorce.
  1. Check the Residency Requirements and Determine Where to File for Your Virginia Divorce. In order to begin the Virginia divorce proceedings, you or your spouse must have been a resident of Virginia for at least six months prior to the date of filing for your divorce. If you are deployed, you must have been a resident of Virginia at least six months before your deployment.

    If you meet the residency requirement, you should file for your Virginia divorce in the county you live in with the Virginia Circuit Court. For a list of circuit courts, see Virginia’s Judicial System website.
  1. File the Necessary Forms and Serve Your Spouse. In order to start the Virginia divorce process, you will file a complaint and all related forms with the court. This is where DiPietero Law Group can help you.

    Designed by an award-winning Virginia family law attorney, our online program walks you through the required documents in an understandable way so you can complete the paperwork correctly. It guides you through the process by asking you basic questions about yourself, your family, and how you plan to divorce. At each step of the way, DiPietro Law Group offers helpful videos and guides to answer all your questions. In the end, you will have all the documents required to complete your divorce in Virginia and file it with the court yourself.

    After you file your documents, provide your spouse with copies of the paperwork. You can serve your spouse by using a processing service. Your spouse can also agree to waive formal service in writing by signing an Acceptance of Service/Waiver Notice form.
  1. Request And Attend A Hearing or File an Affidavit. Depending on where you live in the state, you might have to request and attend a divorce hearing. In some counties, you can avoid going to court by filing a request to have a divorce heard by affidavit. Check with your county clerk’s office to find out if this is an option for your case. After filing your request, the Virginia court will set a hearing date.
  1. Obtain a Final Order from the Virginia Judge. Once the judge signs the final divorce decree, the actual divorce proceedings are over. Depending on the court, you might need to follow up with the clerk to determine when the judge has signed the order after it has been submitted. Request a copy of the decree, which you should keep in a safe place.

Get Started on Your Uncontested Divorce in Virginia

If you and your spouse agree to an uncontested divorce, visit DiPietro Law Group to start the process.

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