Legal Question in Family Law in Virginia

My Wife and I have been separated for over 5 years, someone told me that all we have to do is pay the filing fee to obtain a divorce. Is there any truth to this or do we have to go thru the whole process. Thanks for any help you might be able to give.


Asked on 11/14/09, 8:30 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

A filing fee for a divorce versus the whole process? I'd say paying the filing fee would merely be part of that whole process.

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Answered on 11/19/09, 11:27 pm
Lisa McDevitt McDevitt Law Office

You do have to pay the filing fee but if the 2 of you are either in agreement with regard to property division, custody (if applicable) and support then you really should have a martial separation agreement drafted before you file for divorce to address those issues. If you no children and no property then you can file for the divorce without a separation agreement but you still have to go through the whole process, which involves having a witness testify along with you for your final divorce decree. So there is much more involved than just paying the filing fee.

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Answered on 11/20/09, 11:59 am


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