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Family Law

I need to know what and where to file to finalize a divorce…

Customer Question
I need to know...

I need to know what and where to file to finalize a divorce in Virginia

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 2 months ago.Category: Family Law
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Answered in 1 minute by:
12/18/2017
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 8,318
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. If I may ask, have you already filed and are you just wanting to know how to finish up the process? Or, are you curious about the process in general?

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Customer reply replied 2 months ago
I have a separation agreement, we have been apart for the requisite 6 months and I just need to know what to do now so I am actually divorced.
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Understood. Generally, you'll need to file a petition for divorce. It sounds like you're filing a no fault divorce since you have been apart for at lesat six months. In the complaint, you need to put in the current residences of both you and your spouse; the date/place of your marriage; names of any children; a statement that you're over 18; and a statement of your military status. It's normally $90 to file a complaint depending on your county, but you'll file that completed complaint to the court. You'll need to then serve the other party with the petition (usually with a registered process server) and they may serve an answer. Depending on whether you want your name changed or if you want alimony, you may have some other forms, but speak with the court clerk about what you may need. if you and your spouse agree, then the judge will grant the divorce; otherwise, you'll end up at trial. Does that make sense?

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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.

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