Divorce by affidavit offers a more convenient option for couples planning a Virginia divorce. Instead, they want an easier, more affordable option. Divorce by affidavit could provide a solution.
Some clients prefer to obtain their Virginia divorce by affidavit because a court appearance is not required. It is also not necessary to come to our office to complete the affidavits. To complete the affidavit, the client and a witness answer simple questions related to the divorce.
Who Can File for a Divorce by Affidavit?
In order to file for divorce by affidavit, you must:
- Have an uncontested divorce: that is, you and your spouse have already determined how you want to handle division of property, child custody, child support, and any alimony or other payments.
- Have lived apart for at least six months if you have no minor children, or 12 months if you do have minor children.
- Plan to file a “no fault” divorce, in which neither spouse claims that the other is the sole reason for the separation.
Divorce by affidavit offers a convenient alternative for military service members, including those currently stationed outside Virginia. It also offers a more streamlined option for busy people who simply want to move forward with their lives.
The Divorce by Affidavit Process
To file for divorce for affidavit, you will fill out paperwork that includes:
- Date of marriage
- Date of separation
- Any children involved in your relationship
- Whether you have signed a property settlement agreement
You will also need to produce a witness, whose paperwork will include:
- How often the witness has spoken with the client since the separation
- Whether the witness has visited your home since the separation
- Testimony about how long you and your spouse have lived apart
You do not need to come into the office to fill out this paperwork. It can be done long-distance if necessary, allowing you to secure a Virginia divorce from anywhere. Once you have filled out the paperwork, your attorney will process that paperwork through the court. Your spouse will sign the divorce documents, and you will be able to move forward with your normal life and activities with relatively minimal disruption.
What is Decided Through a Divorce by Affidavit?
A divorce by affidavit dissolves the marriage. It sets out the terms you and your spouse have agreed on for child support, alimony, and child custody. You can only use this process if you and your spouse have reached an agreement. If you plan to contest any terms of your divorce, you will need to go through a more traditional process that potentially includes mediation and court dates to help dissolve your marriage.
Consult a Professional Divorce Attorney in Virginia Today
Whether you are going through an uncontested situation and plan to file for divorce by affidavit or have a more traditional need for an attorney as you move forward with divorce proceedings, a qualified divorce attorney can help. Contact the Law Office of Michael Ephraim today to speak with an expert about any divorce by affidavit questions you might have, including whether you can file for divorce by affidavit and the information you might need to proceed.
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