Legal Question in Family Law in Virginia
I'm not a lawyer but can I file a "partition" case on my own behalf for a court ruling? If so, what court department would I go to and what should I ask for?
1 Answer from Attorneys
Anyone can file any legal proceeding on their own without a lawyer. The question is whether you or anyone will do it well or badly without experience.
The Circuit Court in your County (Prince William) is the general, main court in any County.
There are specialty, "lesser" courts "not of record" like General District Court that can be very useful.
But probably the General District Court will not have jurisdiction over complicated things like a partition -- at least not if it is real estate. I don't know. I have never tried a partition in General District Court. Circuit Court is much slower and more work. But for me personally I would only file a partition suit in Circuit Court, especially if it is for real estate. If it is for something really simple like a car owned by two people, I would pay the $49 in General District Court and see if they will handle it. I have handled a couple thousand cases in General District Court, but I never tried a partition action anywhere else but in Circuit Court (which is more difficult for non-lawyers). General District Court is simpler and faster -- if you fill out the forms correctly.