Get VA FBA-H-53 Pro Se Divorce Brochure 2016

The spouse seeking the divorce (the "plaintiff") files a document called a "complaint" in the appropriate Virginia Circuit Court (generally the court in the city or county where at least one of the spouses lives), and pays the required filing fees.

It shares authority with the general district court to hear matters involving claims between $4,500 and $25,000. The circuit court has the authority to hear serious criminal cases called felonies. The circuit court also handles family matters, including divorce.

Virginia birth and death records from 1912 to the present, divorce records since 1918 and marriage records since 1936 are now available in an index form. ... In Virginia, death, marriage and divorce data become public information 25 years after the event; birth data are public after 100 years.

Draw up a Bill of Complaint, which serves as a petition to the court to hear the matter and enter a signed Final Decree for the divorce into the record. ... Serve the Bill of Complaint on your spouse, either by private process server or through the sheriff's department of the county in which your spouse resides.

How long do you have to be separated before divorce in VA? In most cases you have to live separately for a year to qualify for a divorce in Virginia. However if you have no minor children and have executed a separation agreement, you can be divorced in six months.

In order to file for divorce in Virginia legally, the plaintiff must have been a legal resident of the state for at least six months before taking legal action. The plaintiff can file for divorce in the city or county where both spouses live or where the defendant resides.

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

How long does a divorce take in Virginia? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

In Virginia, adultery is considered grounds for a fault divorce. A fault is marital misconduct that is committed by a guilty spouse against an innocent spouse. ... If both spouses have committed adultery and are seeking to gain a divorce, the court will not grant a fault divorce due to recrimination.

According to our survey, the average divorce in Virginia costs $14,500, including $11,500 in attorneys' fees. Attorneys' fees are a significant chunk of the cost of divorce because the average hourly rate for attorneys in Virginia is $280.

Whether it is for divorce, support or child custody, the answer is both yes, there is an advantage, and no, there is no advantage to filing your complaint first. ... No court will favor your submissions simply because you filed them before your spouse or ex-spouse.

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. ... If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

Simple Free Law Advisor .co.uk A question many couples going through divorce ask is whether it matters who divorces whom. While the outcome will always come out that the couple will be separated legally no matter who initiates the divorce, it does matter who divorces whom.

Maryland law requires the divorcing couple to live apart for at least 12 months before filing for divorce. Otherwise, the plaintiff must show that there are fault grounds for the divorce. This means that the plaintiff must prove his or her spouse did something that caused the breakup of the marriage.

In the state of Virginia, it is required that you live apart from your spouse for at least a year before you can file for uncontested divorce (six months if you have no minor children as well as a signed separation agreement). Legal separation is defined by physical separation, as well as the intent to be separated.