Monday, May 27, 2019

Can I Apply For Divorce Without An Attorney In Virginia?|Leesburg Divorce Attorney


January 1, 2019  

Can I File for Divorce Without a Lawyer in Virginia?

It’s not unusual for individuals to question if they can file for divorce without keeping an attorney. In Virginia, you can file for divorce by yourself, however it’s not necessarily suggested in all scenarios. For couples who have really few possessions, no children, and the divorce is uncontested, filing by yourself might be the better alternative. However, for couples with kids, a house, and complicated properties like a family service or several financial investments, we suggest that you retain a skilled Virginia divorce lawyer. Virginia law permits you to represent yourself in all legal matters, consisting of divorce. If you declare divorce without an attorney, it’s called “pro se,” which indicates you are representing yourself. It is essential you understand that by representing yourself, you might be quiting certain rights. Do not seek to represent yourself unless you first determine what assets your partner has– think about insurance coverage, pension, other retirement accounts, a great deal of home, etc. If you do not ask for a part of these in your divorce, you forfeit your rights permanently.

Residency Requirements in Virginia

Before you think about filing, you need to ensure you meet the legal requirements to apply for divorce in Virginia. To begin, you must file in the circuit court where either you or your spouse lives. One of you must have been a citizen for the 6 months prior to filing. You are not required to live at the same address in order to meet the residency requirement. Among you can live throughout the state or perhaps out of state, as long as the other satisfies the residency requirement in Virginia.

Fault and No-Fault Divorces

In Virginia, you can declare a divorce based on the following no-fault premises:

If you are applying for divorce based upon some type of wrongdoing by your partner, you require to offer the Commonwealth an appropriate factor to give your divorce. In Virginia, premises for an at-fault divorce include:

Talk to a Virginia Family Law Lawyer

Keep in mind, each divorce is unique. Don’t listen to your family and friends who want you to hire a “shark” and get included in an aggressive battle. This will just postpone the time prior to the divorce is last, and cost you a lot in legal expenses.

Prior to you submit for divorce pro se, it’s clever to at least speak with a skilled Virginia divorce attorney initially. An attorney can go over your possessions and talk about whether or not it would be helpful to submit by yourself or not. Contact Whitbeck Cisneros McElroy PC at

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