Divorce is a painful process regardless of the circumstances. As you can imagine, the emotional turmoil it comes with can be pretty intense.
But your stress and anxiety levels go up a notch if you don’t know what to expect from the process. That’s why it’s crucial to understand how the process works and what you’re getting into, so you can prepare mentally & financially.
Are you wondering how to get a divorce in VA? It’s normal to have numerous questions regarding the process.
For instance, what is the average retainer fee for a divorce lawyer in the state? To file for divorce in VA, you must be eligible, meet a few residency requirements, and fill out the correct forms. Only then can you serve your partner with divorce papers.
Regarding how much you can expect to fork out, divorce lawyers in Virginia charge anywhere between $12,000 and $14,000 for a contested divorce. However, the figure is much lower in the case of an uncontested divorce.
How Do You Become Eligible For A Divorce?
To dissolve a marriage in VA, you need to start by defining the grounds of your separation. Are they legal reasons or not? In other words, is the other party legally at fault?
If they are, the dissolution revolves around a core dispute, including but not limited to adultery, abuse, or disagreement over finances. A divorce of this nature is regarded as fault-based.
Sometimes couples divorce when neither party is legally at fault. Instead, the dissolution of marriage is caused by extended periods of separation. This is a classic case of a no-fault divorce.
Knowing which category your divorce falls under will tell you the type of divorce you should get as well as your strategy in court under your lawyer’s guidance.
And if you’re wondering about remarrying after a divorce in Virginia, we cover that topic here.
What Residency Requirements Should You Meet?
After you ascertain the grounds for terminating your marriage, there are residency requirements you need to meet. You and your spouse should have been living in Virginia for six months before you can file for the divorce. If one of you hasn’t resided in the state for six months, they will have to do so until the six months are up before you can file for termination of your nuptials.
In the case of a no-fault divorce, you and your spouse should have been separated for six months if you don’t have children under eighteen years old, or for twelve months if you do have children. This separation should be continuous. At no point should you have resumed living together during the separation period.
Fault-based divorce is a little different and requires that you highlight one of the legal grounds for separation that were listed previously.
Prepare The Correct Forms
Once you meet these requirements, you complete the necessary forms. In Virginia, you must fill out the complaint form, a VS-4 form, and a Cover Sheet for filing civil actions.
These forms will have a plaintiff and defendant section, which you must complete. If you’re the one filing for the divorce, you’re the plaintiff and your soon-to-be ex-spouse is the defendant.
Some of the forms will require that you complete them in front of a Notary. Make at least two copies of everything, and file your divorce papers with the Circuit Court. Your spouse is served with divorce papers, and you wait for your hearing before a judge.
You could choose to do this process without an attorney, which can be pretty taxing, as you can imagine. Divorce on its own is a lot to deal with without factoring in the actual process. Engaging the services of a top-notch lawyer means you don’t have to burden yourself, plus you’ll have legal advice on how to handle the matter swiftly.
Divorce lawyers typically charge between $280 and $330 per hour, and the total costs range between $12,000 to $14,000 for a contested divorce—less for an uncontested divorce. The amount will depend on the location and expertise of the lawyer as well as the type of divorce.
Conclusion
Terminating a marriage is a difficult decision. And the process isn’t likely to be smooth sailing, especially if you’re entangled in a nasty, contested divorce. Hiring a competent attorney to guide you through the process will go a long way in eliminating stress.
But generally, to file for a divorce, you must ascertain the grounds for dissolution, meet the residency requirements, and fill out the correct forms. If you choose to go with a lawyer for a seamless process, be sure to budget between $12,000 and $14,000. You can read more about divorce and family law in Virginia here.