Spouse Application File For Divorce In Virginia
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FAQ
Do you have to be legally separated to get a divorce in VA? The short answer is no, Virginia does not have an official status for “legal separation” in no-fault divorces. However, you do need to be physically separated for at least 6 months (often a year, if children are involved) to file for divorce.
The first formal step in a divorce case is filing a Complaint for the dissolution of marriage and having that paperwork served on your spouse. Your lawyer will draft the Complaint.
The basic form that you'll need to prepare will be the divorce complaint, which tells the court what you're requesting in your divorce. When filing for an uncontested divorce, you will also include your settlement agreement and a proposed final divorce decree that matches the provisions in your agreement.
The short answer: no, Virginia law does not required a lawyer to file for divorce. But the long answer: it is risky to “do it yourself,” especially if there are kids, assets, and other complex issues involved.
If one spouse doesn't wish to divorce, they may become contentious on multiple issues in order to prolong the process. The court requires divorcing spouses with contentious issues to attend mediation sessions to attempt to resolve their dissension with professional help.
In every state in the US, you do not need to obtain permission from your spouse to obtain a civil divorce. The judge will sign the final paper, making the parties single, whether one party likes it or not. The process is to file, serve, litigate any issues (other than actual divorce), and get a judgment of divorce.
Yes, you can file without your husband's knowledge and consent. You have a constitutional right to marry whomever you like, with some narrow exceptions (eg some minors, some people you are related to, same sex persons in some states, etc.). You have about the same right to divorce, pretty much at will.
In every state in the US, you do not need to obtain permission from your spouse to obtain a civil divorce. The judge will sign the final paper, making the parties single, whether one party likes it or not. The process is to file, serve, litigate any issues (other than actual divorce), and get a judgment of divorce.
Stay calm. Talk to your spouse. Try to understand what made your spouse come to this decision. Talk about how you will pace yourselves as you move toward divorce. Consider nesting for a period of time if you have children. Discuss a non-adversarial process. Accept and let go.
