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What's the easiest/ fastest way to get a divorce in Virginia?

Waynesboro, VA |

I have been separated from my wife for 7 and a half years. She is currently living somewhere in NYC. We have 2 kids, but neither of us have custody of them, although I see them weekly. Her mom has custody. We both want a divorce, but she doesn't want to pay for it, and I am low income, and unable to get assistance, because she already talked to the one in my area, and the refused to work with me now. We haven't anything to fight over, just need to finalize it. What would be my best/cheapest/quickest option?

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Attorney answers 1


Ask your local circuit court clerk if the court has a pro se divorce packet.

The fastest way to get a divorce is to file for divorce only, i.e., no request for equitable distribution, no request for support, no request for custody/visitation, in the local circuit court. Be aware that if you seek a divorce only, you may be unable to use the court's assistance to divide any property that she has that you may want.

The court will issue a summons based upon your filing. Send the summons, complaint, and related docs to your wife including a waiver/acceptance of service.

She executes the waiver and files with the court.

You schedule an ore tenus hearing with the circuit court. The procedure to schedule an ore tenus hearing varies from court to court. The court clerk will be able to give you the specifics for your court.

Attend your hearing with a witness, the suggested questions for you and the witness to answer for the judge, and a prepared decree of divorce.

The judge will hearing your and your witness's testimony. If all the service, waivers, proposed decree, etc., are proper, the judge will enter your divorce.

Depending on the turn around time for the summons from the court, waiver from your wife, and the court's time for your hearing, you could be done in a month or so.

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