Legal Question in Family Law in Virginia
steps to a divorce
What steps can I take to get a divorce without the help of a lawyer? My husband left Virginia and me 5 1/2 years ago and has been living in New York ever since. We have no children and no property together. Thus far he has not attempted to get a divorce. I think it is seriously past overdue to do so myself, but my funds are limited and I cannot afford a lawyer. Help! What can I do?
2 Answers from Attorneys
Re: steps to a divorce
You will have to file the action yourself (pro se) if you cannot hire an attorney. You should be aware that based upon the facts you've presented--no property, uncontested, no children--an attorney may be affordable so it may pay to speak with some regarding their fees. Also, if you qualify, your local legal aid office would be of great help in either filing the action for you, or, providing information on doing so yourself. While some courts have pamphlets on doing so, many clerks are reluctant to give assistance to a pro se litigant as this constitutes the unauthorized practice of law.
Re: steps to a divorce
You could pick up a packet of materials from your local circuit court clerk's office which has forms as well as instructions as to how to prepare and file a so-called Pro Se divorce in the Commonwealth. Not every circuit court carries these packets so you should first call the clerk of the court's civil division to determine whether they have any on hand.