In 2018, the divorce rate in Virginia was 3.1 per thousand inhabitants of the state. Although this rate was lower than it had been 20 years before, there were still a number of couples who decided to go their separate ways. For those who don’t have the financial means to afford an attorney, you may be asking yourself, “Can I get a court appointed lawyer for a divorce?” The answer is yes you can — however, they won’t be able to cover every aspect of the divorce, and you may need to prove your financial circumstances are too limited to hire one on your own. We’ll explore this question further in the article below.
Filing for Divorce
Before you begin to think about how to obtain the services of a lawyer, you need to ensure that you meet the legal requirements to divorce in Virginia. Both parties need to have resided in the state of Virginia for at least six months.
If you and your spouse have been separated for six months or more and have no children under 18 years of age, then you can opt for a “no-fault” divorce. You can also choose this type of divorce if you have children under 18 years old and have been separated for one year or longer.
Seeking Legal Aid
There may be some situations that entitle you to seek legal aid. If you’re in financial difficulty and you cannot afford to pay for a lawyer, then you can look to legal aid companies to see if they can help you. You will need to submit proof of your financial situation, and there is no guarantee that you will qualify.
Court-Appointed Lawyer
In some circumstances, you can ask the court to appoint a lawyer for you. These are only offered if you’re dealing with visitation, an order of protection, or custody. Any issues regarding financial agreements or assets will have to be dealt with by yourself or an attorney you pay for yourself.
Fees Covered by the Spouse
If your spouse has more money than you and you have no access to funds, then the court can issue an Order for Counsel Fees. This order requires the spouse to pay the fees for the lawyer that their partner requires. The spouse ordered to pay the fees does have the right to put their case to the judge for not paying. Payment will still need to be made to the lawyer for submitting the order so that this is covered should the application be unsuccessful. If the order is granted, then any fees have to be paid directly to the lawyer.
Loans
Although loaning money for your divorce might not seem like the best plan, it could be the only option you have. If the divorce looks like it will become problematic, then having an attorney is the best option. If you choose this option, then you should try to do your research to find the best value for your money. The amount of money you will need depends on what the lawyer needs to help you deal with.
Represent Yourself
There is no reason why you can’t represent yourself during the divorce proceedings. However, because divorce can be an extremely emotional and stressful time, many people choose not to take this path. If you and your spouse have managed to arrange all the details of the divorce amicably, then you may find that representing yourself is the quicker and easier option. You can easily obtain the correct forms from your local court or apply online. While divorce can be a costly exercise, there are ways that you can reduce the amount of money you spend if you follow one of these options.