You don't need to hire a lawyer to get an unopposed divorce in Virginia and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that facilitates the process. Even though there is no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them get through the uncontested divorce. You may want to talk to a lawyer, for example, if your case seems complex to you or if you have unanswered questions.
Specifically, the Virginia Code states that you can file for divorce on “fault-based” or “no-fault” grounds. Here are the top 10 tips on what to avoid when filing for divorce. Divorce attorneys often see an increase in clients before, during and after Christmas. It's also easier to get used to an empty house before the holidays.
If you wait (and fight) during the season, you can destroy any chance of a friendly split and end up settling your differences in court. At first, you must be absolutely sure that your marriage is beyond salvation. If you are not sure or if there is any possibility that you and your spouse could get back together, go see a marriage counselor, not a lawyer. Your lawyer should send you a copy of all documents that are sent between your lawyer and the opposing attorney or filed in court.
Your lawyer and staff owe one hundred percent of their loyalty to you and your case and they owe nothing at all to your spouse (let them find their own lawyer). The request for change of name can be included in the divorce decree, which is filed at the end of a divorce case. If only one party has filed a petition for divorce, only that party has to consent to dismiss the case. Virginia Legal Aid created an easy-to-use guide to help you file a no-fault divorce, which contains valuable information for anyone filing for divorce.
An application must be filed within 60 days after the divorce is finalized to receive COBRA benefits. Once your spouse has obtained an attorney, you should hire an experienced lawyer, who can explain your rights and responsibilities, use specialized knowledge to advocate on your behalf, and obtain the best possible outcome for you and your family. You should talk to an experienced family law attorney in your area before filing for a fault divorce to find out if you qualify, can prove your case, and if there is any advantage to pursuing a fault divorce that may outweigh additional legal fees, court costs, stress, and conflict with your ex. The judge may issue a divorce decree without you having to appear in person, or the judge may require the spouses to attend an in-person hearing to verify in the record (the court's official file) that both of you agree to the terms of the agreement.
If you have contested or complicated divorce issues where you need a lawyer and can't afford to hire one, you'll also find links on this page to help you find your local legal aid office. If you and your spouse can reach an amicable settlement on your own, you can file what is known as an uncontested divorce. If you decide to work with one, an attorney can advise you on the proposed settlement, ensure that you complete the documentation correctly, and ensure that you submit your documentation on time. The information provided on this site is not legal advice, does not constitute a lawyer referral service and no confidential or attorney-client relationship is established or will be formed through the use of the site.
With changes in health insurance laws, it is very important to talk to your attorney and even verify coverage with an individual's human resources department. For example, if your spouse agrees to serve the papers after you file and file the appropriate documents, including waiving the right to challenge your petition, the judge can schedule a hearing as soon as the time on file allows. It is best to hire a lawyer as soon as you start considering divorce or as soon as you receive the divorce papers. .
