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How Do I Get a Divorce in Virginia?

How Do I Get a Divorce in Virginia?

Divorce laws vary in each state. The time it takes to get a divorce and other factors also vary. At Malinowski Hubbard, PLLC, we guide clients through divorce proceedings and help them seek favorable outcomes. Whether you settle through mediation or go to court, our Fairfax divorce attorneys can provide tenacious representation. We can handle issues that may arise concerning high net worth divorces, asset division, and family law matters.

Here are three things you need to know about divorce in Virginia:

  • The cost for filing for divorce is $108.00. This includes a name change order if you want to revert to your maiden name, which is $22.00. Without the name change, the cost for filing a divorce claim is $86.00. The average cost for the entire divorce process, however, is $14,500. This includes attorneys’ fees, compensation for witnesses and others involved in a trial, and the cost of filing and copying documents. The divorce cost goes up if there are minor children involved, or if the case involves large assets.
  • On average, it takes one year to get a divorce. Virginia courts require a one-year separation period before validating the divorce, or six months if no minor children are involved. For contested divorces, the minimum of a one year separation period still applies. If the ground for divorce is adultery, however, there is no waiting period. If you can prove your spouse committed adultery, you can immediately obtain a divorce without waiting.
  • In Virginia, you can file for divorce without an attorney. Under Virginia law, you can represent yourself in divorce proceedings. You must draft a Bill of Complaint and serve it to your spouse, who then has 21 days to respond. Your spouse has 30 days to respond if residing in another state, or 60 days to respond if residing in another country. After serving your spouse, you must attend a Pendente Lite hearing regarding issues of child custody and visitation rights, and then draft a deposition outlining the grounds for divorce. After writing the deposition, you must create a marital settlement agreement with your spouse and present it to a judge for approval.

If you are seeking divorce in Virginia, having experienced representation can help ensure you don’t forget important steps or miss any deadlines. Whether your case is uncontested or contested, our Fairfax divorce lawyers at Malinowski Hubbard, PLLC can provide the legal advice and representation you need. We can guide you through every step of the process and handle any issues that may arise.

Contact our firm today for quality legal services in Virginia.

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