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If you and your spouse can agree on how youll deal with the legal, financial, and practical details involved in ending your marriage, you can save money and time by filing for an uncontested divorce in Virginiaand you can probably get your divorce without a lawyer.
In Virginia, you have 21 days from the date you were served with the divorce papers to file an Answer to the Complaint. You will need to respond to all of the allegations in the Complaint when filing your response. It is crucial that you file your answer with the court within this 21-day deadline.
If the couple has minor children, they must be separated for one year before filing for divorce. If the couple doesnt have children, they can file for divorce after living separately for 6 months, if both spouses enter into a separation agreement establishing how property will be divided.
Divorce Filing Fees and Typical Attorney Fees by State StateAverage Filing FeesVirginiaUse this calculator to find your districts fees.Washington$314West Virginia$134Wisconsin$184.50 (with no child support or alimony), $194.50 (with child support or alimony)48 more rows Jul 21, 2020
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.
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Assuming both parties agree to a divorce by deposition or affidavit, then the uncontested divorce can be finalized without requiring either party to attend court or appear before the judge.
The Defendant must file an Answer and pay the filing fee to do this. Both parties must sign the Decree of Divorce, and can usually submit the Decree to the judge for approval without a hearing. Start at form 2 below to finalize your case this way.
Do you have to be legally separated to get a divorce in VA? The short answer is no, Virginia does not have an official status for legal separation in no-fault divorces. However, you do need to be physically separated for at least 6 months (often a year, if children are involved) to file for divorce.
The most effective way to prove your separation date is for both spouses to sign a separation agreement, which you can present to the court when you file for divorce later. If you dont have minor children, and you and your spouse sign a separation agreement, the waiting period for a divorce is six months.
File a complaint. Your first step is to draft the complaint and supporting documents and file them in circuit court. Your paperwork must comply with proper legal formatting and information requirements. You are referred to as the plaintiff, and your spouse is the defendant in the divorce court case.

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