do i need a virginia attorney to handle a virginia divorce case when i am not a resident

by Niko Hilpert 8 min read

Of course, you don’t have to use an attorney to get a divorce. Virginia law allows you to handle your divorce or custody case entirely on your own, if that’s what you want to do. It’s entirely up to you.

Divorce laws apply only to the residents of a state, and each state has its own residency requirements. One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce.

Full Answer

Do I need a lawyer to get a divorce in Virginia?

Apr 06, 2016 · You don’t have to hire an attorney if that’s not what you want. It’s up to you, but if your divorce is uncontested, you may be able to do it yourself. For more information or to schedule an appointment with one of our licensed and experienced Virginia divorce attorneys, give our office a call at (757) 425-5200.

Can I file for legal separation in Virginia?

Do I really need to hire an attorney for a divorce in Virginia? While you are not required to have an attorney, you will be held to the same standards, rules, and procedures that attorneys have to follow and you will not be given any special treatment or assistance in the courtroom.

What is a Virginia divorce record?

Since divorce is painful with a lot at stake, a lawyer on your side is essential to peace of mind. Your Virginia Beach divorce lawyer can assist you, usually with a consultation. The best attorneys understand that divorce is a time when the client needs …

Is there a residency requirement for divorce in Virginia?

Do we need a lawyer if we agree on everything in the divorce? If you have a fairly simple case and you and your spouse do agree on everything, you can represent yourself, which is called proceeding "pro se." If you do decide to represent yourself however, the judge will expect you to comply with the same rules that an attorney would have to follow.

Can I file for divorce in another state?

You can file for divorce in a state other than the state in which you are married, as long as you meet residency requirements. If you do not meet the residency requirements for the state in which you are attempting to file for divorce, your divorce complaint can be rejected.Mar 26, 2019

Do I have to go to court for uncontested divorce?

An uncontested divorce is a divorce that is not being defended by the respondent. It is usually a relatively straightforward process and can be dealt with by the court on paper, so there will be no need to attend court.May 11, 2021

Can you get a divorce without the other person in Virginia?

Yes. At least one spouse must have lived in Virginia for six months before either spouse can file for divorce in the state.

How long does a uncontested divorce take in Virginia?

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.

Can you get a divorce without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

Can you get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.Oct 6, 2021

How do you get a divorce in Virginia without a lawyer?

Do You Need an Attorney to Get an Uncontested Divorce? You don't need to hire a lawyer to get an uncontested divorce in Virginia and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

How can I get a quick divorce in Virginia?

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. That being said, most divorces take much longer.Sep 30, 2019

Does it matter who files for divorce first in Virginia?

No court will favor your submissions simply because you filed them before your spouse or ex-spouse. However, the answer is “yes” for two important reasons: (1) filing first means you can set the pace of the litigation, and (2) you get to speak first and last in the event your case goes to trial.Jul 20, 2016

Can you date while separated in VA?

Dating While Separated It is not a crime to simply date during your separation. However, adultery does remain a crime in Virginia, and a ground for divorce. And, in cases where children are involved, dating can have a potential impact on the court's custody and visitation determination.

How much does an uncontested divorce cost in Virginia?

Uncontested Divorce Requirements in Virginia Our firm provides a 2 week uncontested divorce for $695 plus the court fees of $89. We also offer an uncontested divorce in Virginia which takes 5 weeks and costs just $495 plus $89 court fees.Feb 8, 2022

How long after divorce can you remarry in Virginia?

30 daysAfter your Final Decree of Divorce is signed by a judge, your divorce is final. However, you must wait at least 30 days before getting remarried so that the deadline to appeal has lapsed. Bigamy is a criminal offense and can be a felony or misdemeanor in Virginia.

What are Virginia Divorce Laws?

Virginia divorce laws require at least one spouse to have lived in the state for the last six months in order to file a “no fault” divorce in VA. I...

How much does it cost to get a divorce in Virginia?

When you are getting a divorce, you will most likely have to pay for attorney’s fees and court filing fees. Depending on the facts of your case, th...

How are assets divided in divorce in Virginia?

When dividing assets in the state of Virginia during a divorce, equitable distribution laws come into play. This does not mean assets are split 50/...

Do I really need to hire an attorney for a divorce in Virginia?

While you are not required to have an attorney, you will be held to the same standards, rules, and procedures that attorneys have to follow and you...

Does Virginia grant divorces based on marital fault?

Yes. Desertion, cruelty, adultery, and felonies with confinement of at least one year are all fault-based grounds for divorce. The only non-fault g...

How is spousal maintenance determined during a divorce in Virginia?

Spousal support can be awarded  pendente lite  (during the divorce action) and temporarily or permanently. For  pendente lite  support, the Court i...

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 o...

Can I change my name at the time of divorce in Virginia?

Yes, the Court has the power to restore a spouse’s last name to her former or maiden name.

Can I get an annulment instead of a divorce in Virginia?

Yes. Under limited circumstances an annulment may be granted. An annulment is a decision by the Court that the marriage was not legal from the begi...

Does Virginia Have A Residency Requirement For Divorce?

Yes. At least one spouse must have lived in Virginia for six months before either spouse can file for divorce in the state. Members of the armed fo...

Do We Need A Lawyer If We Agree on Everything in The Divorce?

If you have a fairly simple case and you and your spouse do agree on everything, you can represent yourself, which is called proceeding "pro se." I...

Does Virginia Have "No-Fault" Divorce?

Yes. To get a no-fault divorce in Virginia, you and your spouse must live apart from one another without interruption (no periods of living togethe...

Does Virginia Have "Fault" Divorce?

Yes. Fault grounds in Virginia include: 1. adultery or other sexual acts outside the marriage (specifically sodomy or buggery) 2. felony conviction...

Are There Waiting Periods in Addition to The Residency Requirements?

There is no additional waiting period after you have satisfied the separation requirements for a no-fault divorce. If you file for a fault divorce...

How Do I Actually File For Divorce?

The spouse seeking the divorce (the "plaintiff") files a document called a "complaint" in the appropriate Virginia Circuit Court (generally the cou...

Where Can I Find Additional Information?

Check out our section on Virginia Divorce & Family Laws for information on divorce, child custody and visitation, division of marital property, ali...