Agreement Arbitration Sample For Divorce In Fairfax
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Absolutely - there are many cases in which a mutually-agreed divorce is processed by the courts without any protracted legal battle.
In Virginia, you have to be separated for a full year (that's 12 months, or 365 days!) before you can get divorced unless (1) you don't have minor children, and (2) you have a signed separation agreement--then you can get divorced in six months.
You may file your divorce pro se only if one of the following things is true: (1) You have lived separate and apart, continuously and without interruption, for at least six months AND there are no minor children of the marriage AND you have taken care of all issues in a written separation agreement.
A divorce decree can only be obtained at the courthouse where the divorce was filed. The Fairfax County Health Department cannot issue a divorce decree.
No, Virginia does not require a lawyer for an uncontested divorce. Couples may choose to represent themselves or use the services of a mediator to help them reach a mutually agreeable settlement.
A proper DIY divorce is the cheapest divorce in Virginia because you do most of the heavy lifting yourself. You and your spouse will fill out all the appropriate paperwork and may only need a lawyer to ensure your documents are correct and file your case with the court. This drastically cuts down your costs.
When we are having a consultation with new clients, it happens that some people ask the question -- can I write my own separation agreement in Virginia. In trying to maintain our desire to provide straight forward answers, I will answer like this -- yes, you can write your own separation agreement in Virginia.
By filing first, you may feel more prepared and find yourself less surprised by the litigation. Men often report that they feel surprised. But, again, that's not a legal upper hand.
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.
For couples with no minor children and a signed separation agreement, the separation period is six months. However, if the couple has minor children and/or does not have a signed separation agreement, they must be separated for a period of one year before filing for divorce.
