What do you need to know before getting a divorce online in Virginia? First, find out the divorce requirements in Virginia. Next, understand your options, such as online divorce. Finally, learn more about the divorce process in the state, any important deadlines to meet, and the assistance you can get. To help, we have mapped out the key points in this article. Let’s dig in, shall we?
Divorce Requirements in Virginia
In Virginia, divorcing spouses are required to be Virginia residents, be properly separated, and have a signed settlement agreement. Let’s examine each requirement in greater detail.
First, at least one of the spouses must have lived in Virginia for 6 months before the couple submits the divorce forms with the court. The same requirement is applied to the residency in the county: live for 6 months in the county before filing the paperwork. Virginians who live out of the state can file for divorce elsewhere as long as they meet local residency requirements.
Second, the spouses must have lived ‘separate and apart’ before the date of filing. Couples with children have a 12-month separation period, while couples without children have to live separately for at least six months. Under Virginia law, ‘living separate and apart’ means no cohabitation and interruption throughout the year. But what about families who cannot afford two separate houses but want to divorce? In most cases, the court is not rigid about what constitutes ‘separate.’ If the spouses keep different households, sleep and have meals apart, are not seen together in public, and have a witness to testify their separation, they can share the same house and be divorced after the mandated separation period.
Finally, the spouses are advised to sign a settlement agreement early on, even though its submission will be required later. Because among the conditions for an uncontested divorce is the complete resolution of all divorce-related issues, including child custody, property division, and spousal support (alimony).
The Concept of Online Divorce
When discussing the opportunity to complete a divorce online, it usually refers to completing an application for divorce online with the help of Internet divorce services. Such an option gives divorcing spouses space to get ready for the proceedings in the comfort of their home and have their divorce forms prepared for them.
The key condition for completing the forms for divorce over the Internet is an uncontested divorce where both spouses sort out all divorce-related issues before filing for divorce. This means that spouses should agree on how to handle custody, support payments, and division of marital assets and debts. A web divorce company of your choice will ask questions to make sure your case qualifies for an uncontested divorce.
If the petitioner (the spouse who files the divorce paperwork) qualifies, the web divorce company will request the couple to fill out a questionnaire about the couple’s personal information, minor children, job, separate and marital property, financial issues, and so on. The complete paperwork will arrive by mail or email, ready to be notarized and filed at the courthouse.
Completing the court forms with the help of divorce companies is easy, affordable, and efficient. At a very reasonable price and with very little time, spouses get a legal option for ending their marriage without an attorney.
Other Options
Virginia provides ample opportunities for couples to get divorced as fast and easy as their resources, time, and ability to agree allow. Those who don’t put a price tag on their divorce hire legal representation regardless of their grounds for divorce, ability to communicate, or time constraints.
No-fault divorce has several options in terms of time and expenses. A desire to save time and an amicable spirit bring couples a Do-It-Yourself divorce (spouses can get help completing the forms through divorce companies or apply for a divorce without any help at all). The cost of a DIY divorce is normally the lowest.
Divorcing spouses should always remember about mediation. It can be helpful in case of a DIY divorce when unexpected issues arise, as well as a contested divorce where spouses get sucked into their emotional spiral and lawyers are not helpful.
Divorce Process in Virginia
Especially if you are pursuing a DIY divorce, the knowledge of the divorce process in the state is essential. It’s easier to examine it in steps.
Step 1. Prepare the divorce forms. Those who use divorce documents preparation services obtain completed forms and notarize them. Those who use free no-fault divorce forms on the Virginia Legal Aid website print them out and fill them out on their own. The completed forms are to be signed in the notary’s presence and made in three copies (one for the court, one for the petitioner, and one for the respondent).
Step 2. File the forms. The forms are filed at the courthouse. The petitioner is allowed to waive the divorce filing fees if the family is low-income and can prove it with financial documents.
Step 3. Serve the respondent. In case of an amicable divorce, the other spouse usually agrees to accept service. In all other cases, the filing spouse arranges hand delivery by a sheriff, private service server, or close contact. Proof of service is mandatory and is filed with the rest of the paperwork.
Step 4. Filing the rest of the paperwork. The divorce papers to be filed next include a request for a court hearing, a final decree of divorce, proof of service (if it wasn’t submitted earlier), and a separation agreement.
Step 5. Attend a hearing. On the scheduled date, the spouses attend a hearing, bringing copies of all their documents and a witness to testify about their living separate and apart. Making sure the papers are in order, and the formalities are met, the judge grants the dissolution of marriage.
Any Questions?
Although any divorce is a stressful event, Virginia courts have conditions to make it quick and easy if couples work together to resolve any divorce-related conflicts. Attorneys’ assistance, mediation, Do-It-Yourself divorce, or online divorce, use whatever you need to end this chapter of your life and start a new one.
