She admits her guilt. We have a signed property separation agreement. She still lives in my house (while she is looking for a job). We have three small kids. We both want the divorce, no fighting. What is the next step? Everything I find online is for "no fault" divorces, which require a year separation period, but I've already waited a year living in separate rooms and I want to cut the legal ties. Our 9 year anniversary is this month. How can I inexpensively get the papers filed and get the divorce granted? Thanks for your help.
Divorce / Separation Lawyer
You should do an Internet search to discovery whether your county or locality has a local bar association. These bar associations often have a referral list of pro bono attorneys. Attorneys will often provide pro bono representation in order to meet their state bar's pro bono requirements. However, as with anything in life, you typically get what you pay for. Rather than focusing on free representation, you may want to consult with an experienced attorney to investigate your chances of recovering any attorney's fees from your spouse at the end of your case.
Criminal Defense Attorney
There are some technicalities involved in filing and concluding a divorce, even if both parties agree to the divorce and its terms. While Virginia does allow divorce without a mandatory waiting period for adultery, adultery has to be corroborated. It's not sufficient for her to simply admit to her actions. It's possible to be separated and living under the same roof. You might be able to file based on a one year separation now. If you have a signed property settlement agreement, the grounds don't make much, if any, practical difference. An attorney should be able to guide you through this process at minimal expense given that the major issues have already been addressed. I would strongly urge you not to file without an attorney. It's very easy to get thrown out of court on a technicality.
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