Divorce Filing In Virginia

Summary

To file for divorce in Virginia, one spouse must have lived there for at least six months. Since your wife resides in Virginia, she can file. The process involves filing a complaint for divorce in the circuit court of her county, serving the divorce papers, and attending any required court hearings. For a cost-effective approach, consider an uncontested divorce, using online resources for paperwork, and checking for fee waivers. Legal aid services can provide guidance if needed.

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My wife and i have been legally separated for 6 months now and are wanted to get a divorce. We resided in virginia but since we separated i have been residing in new Hampshire. We didn't have any children or own any property or vehicles and we didn't have a shared bank account. I don't have possession of any of our shared assets or any personal assets (i don't have any savings, investments, retirement accounts) and i don't want anything she is in possession of. What do we need to do to be legally and finally divorced?
To proceed with your divorce, consider these steps:
- Decide where to file: You can file for divorce in New Hampshire or Virginia, depending on residency requirements.
- Prepare and file a divorce petition: Since there are no shared assets or children, it might be a straightforward process.
- Serve your spouse with divorce papers.
- Attend any required hearings or mediation sessions.
- Obtain a final divorce decree.
You may want to consult with a local attorney to ensure all legal requirements are met.
How can i do this for as little money as possible?
To keep costs low, consider the following:
- File for an uncontested divorce, which is simpler and cheaper since you both agree on terms.
- Use online resources or kits for DIY divorce paperwork.
- Check if your local court offers fee waivers based on income.
- Avoid hiring a lawyer unless necessary; consider legal aid services for guidance.
Would you like more information on any of these options?
What state should we file in? We were married in new Hampshire and resided there when we got married, but were living in Virginia when we separated. She still works and lives in a rental in Virginia but i work and have a signed lease in new Hampshire.
You can choose to file for divorce in either New Hampshire or Virginia. Here's how to decide:
- New Hampshire: You can file if you have been a resident for at least one year.
- Virginia: Your spouse can file since she lives and works there.
Consider where it might be more convenient for both of you, and check residency requirements. Would you like more details on filing in one of these states?
Yes, i think we'll have to file in virginia because i have only resided in new Hampshire for 6 months. How do we file in virginia? Am i able to file for divorce even though i don't currently reside there, or will she have to file?
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In Virginia, either spouse can file for divorce if one of you has lived there for at least six months. Since your wife resides in Virginia, she can file. For a straightforward process:
- File a complaint for divorce in the circuit court of the county where she lives.
- Serve the divorce papers to you.
- Attend any required court hearings.
Consider consulting with a local attorney for specific guidance related to your circumstances. Do you need more information on filing in Virginia?