Legal Question in Family Law in Virginia

Re: Filing for divorce without a lawyer

The legal separation period for the filing of a no fault divorce in Virginia is twelve months (of living apart, continuous, uninterrupted and without cohabitation). The period is reduced to six months IF there are no children under the age of 18 AND if the parties enter into an agreement disposing of all marital issues attached to the Complaint.

The Complaint once completed (and it must follow statutory requirements)is filed in the Circuit Courthouse of the County or City where the couple last lived as husband or wife. The filing fee is currently $79 plus $12 for every time you ask them to serve a document. If this period of time does not apply to you or if you are out of Virginia, anywhere where you have lived at least six months.

Once a Complaint is filed, it must be served and the other side given 30 days to file an Answer. Then you must take depositions and draft a Final Decree and submit a VS4 form (obtainable from the Dept of Vital Records for the State).

Do it yourself lawsuits (including divorce) are very difficult to do right. No fault divorces with the cooperation of the other side is simple and should cost no more than $750 to complete.

Good luck.