If you live in Prince William Virginia and want a divorce but want to do it without a lawyer, just follow the steps below.
1 Make sure you meet the residence requirements
Divorce in Virginia, a party must have been a resident of Virginia for a period longer than six months and be a current resident of Virginia. If you are a member of the armed forces and have been outside of Virginia but have lived in Virginia for at least six months before being deployed elsewhere, you will be considered as a resident for these six months for the purpose of obtaining a divorce in the state Virginia.
2 It determines whether it is a separation or a divorce
Virginia offers separation and divorce. This is a partial divorce in which the spouses live separately; however, they are not allowed to marry other people. Marriage divorce is an absolute divorce.
3 Determine your reasons for divorce
The reasons for divorce in Virginia include: negligence. The intentional abandonment when one party voluntarily leaves the other side, without explanation and with no intention of returning. One party may require separation bodies immediately and if the other does not return after one year, abandonment constitutes grounds for divorce. Cruelty and reasonable fear of bodily harm suffered. If it turns out that a party performs an act that is cruel and that could cause physical harm, you can immediately granted a separation of bodies and the parties continue to separate a year can be granted the divorce in a covered this basis. Normally, the act of physical, psychological, or emotional cruelty is not enough to consider it as the basis for divorce. Divorce by de facto separation. A divorce separation de facto is a divorce by mutual agreement in which neither party is guilty of divorce. In order to obtain a divorce covered by reason of the de facto separation, the parties must live apart without any cohabitation for a period of one (1) year. If the parties have a conventional separation agreement and do not have children, it is necessary to wait six (6) months. Adultery, sodomy and bestiality. Sodomy includes other sexual intercourse such as oral sex and anal sex. Zoophilia means having sex with an animal or committing a sexual act against nature. Conviction of a crime. A divorce party may be covered on the ground that a crime convicted by the other party after the date of marriage and sentenced to a year or a longer period.
4 Calculates maintenance for the child
If you have small children, you should calculate the child support obligation of the parent without the physical possession. Use forms and calculations provided by the Virginia Courts to calculate the basic upkeep of the child as well as the support of the shared possession partner.
5 Try to come to an agreement with your spouse
A divorce in which both parties agree on all issues or collaborative divorce can be obtained without recourse to court. Try to reach an agreement with your spouse on all matters including: division of property. Not only must you decide how to split your assets and consumer goods, but also your investments, bank accounts, real estate, retirement accounts and other personal property that is your property. Distribution of debt. Usually, some retain part of the assets, which secures a loan, such as a car or a home, also hold that good debt. Other debts should be distributed based on the parties’ contribution to the debt, their ability to pay and the amount of good they receive in the divorce. Possession and visitation of the child. If you have minor children, it is necessary to reach an agreement, both with regard to physical possession and legal possession and visitation for the father who does not have physical possession. Physical possession refers to the parent with whom the children live and the legal possession refers to the parent who makes certain decisions about the children, such as what the school, going church or what doctors will attend. maintenance for the child. In the state of Virginia, there is a presumption that one or both parties must pay maintenance for the child, even in case of joint custody. To ensure that the court accepts any agreement on the child’s maintenance, using the forms and calculations indicated by the Virginia Courts.
6 Obtain the appropriate forms
The state of Virginia does not provide divorce forms for you to locate the correct forms. To do this, you can: Check at your local office desk. The court clerk may have forms for divorce in your county, just call him or stay and ask. Visit the Fairfax County Courthouse website. Fairfax County offers its residents a divorce package without legal representation, which contains all the forms you need to obtain a divorce, as well as detailed instructions for completing and submitting the form. Use an online forms of services. Some popular online services like Legal Forms of US divorce sold for less than $ 100.
7 Read the instructions for your forms
Where you choose to receive your forms, they should have some basic instructions to help you determine the forms that you will require for your specific case. Some ways that all should be completed are: Demand. This is the primary document that is needed for a divorce in Virginia. It provides the legal information necessary for the court such as the grounds for divorce, date of marriage and the state in which the parties were married, whether or not they have children, and that at least one party meets the residency requirements. Form VS-4. This is a health department form that compiles statistical information on divorced couples. Family box cover. This document simply provides the date of separation and the names and addresses of both parties to the court.
8 Complete your forms
Complete the forms with information written or printed in black ink. Be sure to complete all forms, answer any questions and provide all requested information otherwise you will return the forms as submitted or your case may be dismissed.
9 Be prepared to file your forms with the court
Call the Office in the county where you live and ask how many copies of each form you need, how much the deposit fee and what forms of payment accepted.
10 Showcase your shapes
You can personally take their original forms, copies and deposit fee to the Civil Division of County Clerk’s office or you can send the forms and deposit fee by mail.
11 Notify your spouse
After submitting your application, you should serve a copy of it to your spouse in one of four ways: For him sheriff . If your spouse lives in the state of Virginia, you can notify by sheriff for the payment of twelve (12) dollars. If you choose the sheriff’s notification, you must pay the fee at the time of filing. Use a private process server. You can choose to hire a private process server to notify your spouse or out of state. In person. If you or your spouse get on well, you can provide a copy of the grievance in person and fill out and send an acceptance / waiver of the notice and file it with the court. By publication. If you can not locate your spouse, you must notify by publication. For this, you can find applicable forms and instructions on the Fairfax County courthouse website.
12 Prepare and assist your hearing (s).
If you and your spouse disagree on all issues, the court must schedule a hearing on the grounds of division of property and another hearing for the spouses. Now issues of child ownership, visitation and child support, you can get a divorce without a response in Virginia for statements that state whether you (or your spouse) and a third party as a witness have signed statements supporting the facts that substantiate Virginia’s jurisdiction and grounds for divorce.
13 Complete and send a final judgment of the divorce and all attachments
Complete the final judgment of the divorce according to the instructions of the form and present it in the Office of the Secretary along with a stamped, self.
14 Check your email
Once the judge signs the final decree of divorce, the court will send a certificate in the self-addressed envelope provided at the time of submission of the copy. 15 If you want a divorce without a lawyer but want advice, forms and the possibility of asking questions to a lawyer during the process, there are webpage, such as designyourdivorce.com that help you through the process, help you with the ways and have a lawyer available to answer your questions.
Before signing any document that may affect your legal rights and / or obligations, you should consult a licensed lawyer. When choosing your motives for divorce, take into account that certain defenses may be available to a spouse accused of adultery, sodomy, bestiality or convicted of a crime, as the other spouse intentionally cohabited with her or him after discovering adultery, sodomy , bestiality or after the party orders released from prison. Getting a divorce without consulting a lawyer can result in a loss of property, possession of the child, support of the spouse or the visitation rights of the child.