Going through a divorce is one of the hardest experiences in life. Unfortunately, 45% of marriages in the United States end in divorce.
It can be an expensive decision, but the financial burden of divorce pales in comparison to the emotional toll of living in a failing marriage.
The divorce cost in Virginia varies based on a number of factors and can cost you thousands of dollars. But it is possible to get a fast divorce without going into debt.
If you’re planning to divorce, it’s important to know the financial costs you may incur during the process. Here’s a look at divorce costs in Virginia.
Do I Need an Attorney?
In Virginia, you are not required to have an attorney. However, the Virginia Bar Association recommends that both parties obtain their own legal counsel.
A DIY divorce could end up costing you more in time, money, and aggravation. If you’re facing issues relating to property rights or child custody, you want a Virginia divorce lawyer by your side.
The Cost of Divorce
The cost of your divorce depends on a variety of factors. These include:
- The type of divorce
- The complexity of the case
- The attorney’s billing structure
For these reasons, it’s difficult to know the exact cost of divorce without knowledge of the details of your particular situation. Generally, a divorce that goes to trial costs much more than an uncontested divorce.
It’s in your best financial interest to work out the terms of your divorce with your spouse before you file for divorce. In general, there are three areas you should consider when considering a Virginia divorce.
Property division, divorce lawyer costs, and residual expenses such as tax implications are the major expenses of divorce.
Up Front Fees
You should talk to your attorney about all the expenses associated with your divorce. For contested divorces, attorneys charge by the hours they put into the case. There may be fees for discovery and depositions or from mundane tasks such as photocopying and mailing documents.
Most lawyers will ask for a partial payment or retainer for taking your case. It initiates an attorney-client privilege and gets the process of filing for divorce started.
Divorce Costs in Virginia: Who Will Pay?
In a Virginia divorce, each party usually has to pay their own attorney’s fees. In some cases, one spouse may be required to pay the court costs and attorney fees for the other party. The judge makes this determination.
If you file for divorce and include a plea for your spouse to cover the costs, the judge may rule in your favor or against you. That’s why it’s important to consider what’s in your best interests financially and emotionally as you navigate these decisions.
Is Divorce Worth the Expense?
Divorce is a major life change. Often, it’s the best decision for everyone involved. Only you and your spouse can make the decision about whether divorce is the right path for you.
When divorce is the only good option, the ideal scenario is an uncontested divorce. With this type of filing, you work out the legal dilemmas amicably. Some issues to consider include:
- Child support
- Spousal support
- Property division
- Personal property (furniture, pets, valuables, etc.)
An amicable divorce is the easiest type of divorce. You and your spouse work through the terms of the divorce toward a peaceful resolution. Your divorce attorney can help you handle the process efficiently and quickly.
Uncontested Divorce in Virginia
To file for an uncontested divorce, both parties have to agree on all matters addressed in the divorce. But in addition to agreeing on all the issues, your case must meet certain jurisdictional requirements for filing an uncontested divorce in Virginia.
Before choosing this route, talk with an experienced Virginia divorce lawyer to see if you qualify for an uncontested divorce. If you have minor children, Virginia law requires that you live separately from your spouse for over a year before you can divorce.
If you have no minor children, you and your spouse must to live separately for six months and sign a separation agreement before you can file for divorce. This provides evidence that you and your spouse agree on the issues involved in your divorce.
Hiring a Divorce Lawyer
Many Virginia attorneys charge a flat fee for processing an uncontested divorce. These types of divorces often follow a specific process that your attorney is familiar with.
The costs for a contested divorce depend on the attorney you choose and the complexity of your divorce. Ongoing issues with your spouse require additional work for your attorney.
With a contested divorce, complications often arise, including disputes regarding asset distribution, spousal support, and child support.
Whatever path you choose, a good divorce lawyer will discuss all the costs involved and answer any questions you may have.
Your attorney will ask you to provide documentation and information. This helps them prepare for the best possible outcome in your case. It’s important to cooperate with your attorney and attend all attorney-client meetings.
Getting a Fast Amicable Divorce in Virginia
You can get an amicable divorce if you meet the criteria. Talk to a Virginia divorce lawyer about the process.
Virginia Resident
At least one party must have lived in Virginia for six months or more. If neither party is a Virginia resident or a member of the Armed Forces stationed in Virginia, you must file for divorce in another state.
Not Cohabitating
You must be living separately to file for an uncontested divorce. It is possible to be considered separated while living in the same home with your spouse, if you and your spouse are living completely separate lives. There are stipulations for couples with and without children.
The Needs of Your Children
Any couple can benefit from an amicable divorce. Fighting and hostility are damaging for children. With an uncontested divorce, you agree to put the needs of your children first.
Work With a Qualified Attorney
In Virginia, you can hire a divorce lawyer who specializes in a fast, amicable divorce process. They can help you understand your rights and guide you through the process quickly and easily.
You can save thousands on divorce costs in Virginia with an amicable divorce. You don’t need to go into debt to begin your new life. You may be able to obtain a fast divorce for as little as a $500 attorney fee plus court filing fee with a reputable Virginia divorce lawyer.
We have years of experience with uncontested divorce cases in Virginia. We’d love the opportunity to help you. Contact the Law Office of Michael Ephraim today to discuss your case.