Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I am a resident of Fairfax, and I got married in Chicago,

Hello, I am a resident...
Hello, I am a resident of Fairfax, Virginia and I got married in Chicago, Illinois in 2014. My wife and I live in Virginia and we have been residents of Fairfax county for the last 1 1/2 years. I would like to file for a divorce and I want to know what is the process to do so. I moved out of my old apartment in June 2017 which I used to share with my wife in Herndon, VA and started living separately in Fairfax, VA. I still have my name on the lease where my wife lives in Herndon, VA. What are the first steps that I need to do in order to file for my divorce? Also, my health insurance is through her employer. Do all these things matter like lease and health insurance still connected with the spouse when I am filing for my divorce?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
8/16/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,033
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Family Law Question

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. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. Health insurance and keeping a party on for X amount of time will need to be addressed and the issue with the lease and if she will remain until it expires, at which time she will have to vacate or place it in her name.

http://www.fairfaxcounty.gov/courts/circuit/pdf/fba-h-53.pdf

The Divorce Complaint is filed in the Circuit Court, Civil Intake Division, along with the following:

  • VS-4 State Statistical Form (available from the Civil Intake Division)
  • Domestic Case Coversheet (available from the Civil Intake Division and below)
  • Civil Fees (see Civil Fee Schedule) - All fees are payable to the Clerk of the Circuit Court by cash, cashier's check or money order. Personal checks are not accepted.
    • Filing Fee - fee required to file a Divorce Complaint
    • Service Fee
      • If the Defendant resides in Virginia, you may serve her/him through the Office of the Sheriff (see Civil Fee Schedule for Sheriff Service Fee).
      • If the Defendant does not reside in Virginia, you must make arrangements to have the documents served.
      • If the Defendant is willing to accept service of the documents, you may have the documents mailed to you; or the Defendant may come to the Circuit Court Civil Intake Division to sign the documents and accept service.

http://www.fairfaxcounty.gov/courts/circuit/pdf/ccr-a-20.pdf

Ask Your Own Family Law Question
Customer reply replied 4 months ago
34;Health insurance and keeping a party on for X amount of time will need to be addressed and the issue with the lease and if she will remain until it expires, at which time she will have to vacate or place it in her name."
Will removing my name from the lease helps me in the future because it's a month-month lease and I can get my name off the lease if that will help me in the future with all the proceedings? The reason, I ask you about the lease is to prove that we were living separately for 6 months and if my name is ***** ***** lease in the old apartment that might not be true on paper even though I am living separately in a different apartment. How exactly you want my health insurance addressed since its through her employer at the moment? Is it better off if I buy my own or is it okay to stay through her employer until I serve the divorce papers? I am looking at 6 months time-frame which will give me an option to buy new insurance in January 2018. Thanks for your time.

You can state in the petition which is filed that you have been living separately and if the Judge asks or questions this lease, if it is even brought up, you can simply explain the situation. I am inclined to believe she would testify to the same, regarding you living at a different location, during all this time. You do want her off the lease and to vacate, so you are not liable to the landlord, going forward, so you would ask that she sign a lease in her own name or move. As far as the issue with health insurance, you can ask to be kept on her while the divorce is pending, if it is more affordable. You can also see if / how long you could remain on after the divorce and if the company will allow it, if it is better insurance and more affordable as well. If not, you could buy it on your own. Moreover, if you are divorced, that is an qualifying event that you would allow you to enroll and buy insurance outside of open enrollment.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
If I understand it correctly, I moved out of my old apartment on June 4, 2017. So, I will be eligible to file the paperwork on Dec 5, 2017 correct? Can you please confirm? Is there anything else that I need to do prior to that?

Correct. If you have no minor children and you enter into a valid separation agreement, you will only have to live apart for six months.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
How soon am I eligible to apply for a valid separation agreement? Is it after Dec 4, 2017 or can I do it now?

You could do it now, since you are separated.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
What is the process or procedure to file a separation agreement?

You would need to draft it and have it signed by all parties. You can see if the clerk of court in the family division has it for you to fill out or use a 3rd party service to buy the form or retain legal counsel. If you look online, there are examples and templates of it.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Is it mandatory to file the separation agreement (or is it an optional step) before I can file for divorce on Dec 5, 2017 since it would be 6 months by then that we were living separately.
OR
Can I file for divorce directly on Dec 5, 2017 instead of not doing anything until then but live separately?

It is certainly in your best interest to review the link below, as it breaks down and explains the process, when a party is acting pro se. It is important that I shared with you that the site does not allow us to provide you with legal advice and only information, so I can not tell you to do X, Y and Z. The information I provided really goes into tremendous detail to guide you, so this is done properly.

http://www.fairfaxcounty.gov/courts/circuit/pdf/fba-h-53.pdf

Ask Your Own Family Law Question

You would want to file the agreement when you file for divorce.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Just final follow-up question to our discussion and to your final response related to it. I figured it was a 130 pages document so that's why I am here asking if it's mandatory to file the agreement before filing for divorce. Your inputs are appreciated. Thank you.

You can file it when you file for divorce. You are very welcome

Ask Your Own Family Law Question

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thanks for your inputs.

You are welcome and if you have not already, I kindly ask that you rate my help at the top at this time, so the site provides me with the proper credit.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,033
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
FamilyAnswer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,033
29,033 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
When a couple gets divorced, are you able to separate
When a couple gets divorced, are you able to separate without any person receiving any type of money or custody over something if both agree?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,389 satisfied customers
My property settlement agreement in my divorce says alimony
My property settlement agreement in my divorce says alimony is irrevocable pursuant to Lepis vs Lepis. Can my ex change the agreement or not? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,877 satisfied customers
I am a Pro Se defendant in a divorce case. We were married
I am a Pro Se defendant in a divorce case. We were married 32 years. We have three adult children 29, 28, 22. I go before the judge on Friday for a pendante lite motion. During the marriage, the past … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
43 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I'm trying to find the pro se form for a petition to
I'm trying to find the pro se form for a petition to domesticate a foreign judgment from Florida to Georgia … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am in Pro Se status and have been filing motions with the
I am in Pro Se status and have been filing motions with the court. Opposing counsel just contacted me saying she has filed a notice of absence from this week and that I should not contact her anymore.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,877 satisfied customers
I am currently in Pro Se status. I have read that opposing
I am currently in Pro Se status. I have read that opposing counsel must be careful not to give legal advice to me while in this status. What avenue can I take if she does give me legal advice? As in, … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,580 satisfied customers
I am plaintiff pro se. Do Admissions (for Discovery) have to
I am plaintiff pro se. Do Admissions (for Discovery) have to be notarized after they are completed? Does having the defendant have to notarize the Admissions? Does notarizing them add legitimacy to an… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,779 satisfied customers
A defendant, in a case I am the pro se plaintiff, answered
A defendant, in a case I am the pro se plaintiff, answered my Admissions by Admitting what I need to prove. She is only one of many defendants, but her Admission is the most significant since it invol… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
I'm a pro se in a divorce and we are coming to formal
I'm a pro se in a divorce and we are coming to formal discovery phase. My husband's attorney filed her timesheet a few months back and in it, it mentions that she billed my husband for drafting an aff… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
My pending (petitioner's pro se) motion is underway re
my pending (petitioner's pro se) motion is underway re Verified Motion to Modify Child Support; my employment income circumstances are fluid as a result of current employment disability absence of unc… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
I am trying to complete a pro se divorce in Kerr CCAL for a
I am trying to complete a pro se divorce in Kerr CCAL for a TDCJ inmate. The judge refuses to hear it or even issue any type of ruling.Ms. Griffith is currently incarcerated in TDCJ Hobby Unit in Marl… read more
Michael Bradley
Michael Bradley
JD
1,138 satisfied customers
Am pro se father re Colorado Child Support Modification
Am pro se father re Colorado Child Support Modification petition re emancipation 9-25-17, oldest of two daughters. Ex/former spouse still represented by same counsel from divorce process 8yrs+. Now wi… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
Im pro se. My ex has an attorney. She is adamant that she
Im pro se. My ex has an attorney. She is adamant that she will not follow the temporary visitation order that is in place. Im trying to reason with her but she keeps telling me to call her lawyer. Sho… read more
Zoey, JD
Zoey, JD
Doctoral Degree
177 satisfied customers
Woman represented herself (pro se) at trial & lost. Lawyer
Woman represented herself (pro se) at trial & lost. Lawyer filed a motion for new trial which was denied. Woman wanted lawyer to appeal trial ruling. Lawyer reminded her he was only going to help her … read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
Well, texas, I filed a petition for divorce, pro se, and the
I filed a petition for divorce, pro se, and the other party signed the waiver, but now they are not agreeing to the final decree. So, I think I need to request a hearing and do it contested now … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,867 satisfied customers
I am in the middle of a divorce proceeding as a Pro Se and
I am in the middle of a divorce proceeding as a Pro Se and the opposing counsel make these statement occasionally, which indicate she is more informed on me than I am.I don't know how the opposing cou… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Tina, my divorce property settlement was Stipulated
Hi Tina, my divorce property settlement was Stipulated Judgement that the property was returned to me sole and separate.Can a subsequent transfer be nullified if it is questionable? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x