The United States has the 6th highest divorce rate in the world, with about 50% of married couples divorcing. It increases to 60% in second marriages and 73% in third marriages.
To make sure you receive the best settlement possible in a divorce, you need to have a Virginia divorce lawyer representing you. The problem is attorneys are expensive. Do free divorce lawyers even exist?
The answer is yes. You may think you don’t need to worry, that with an uncontested divorce you don’t need a lawyer. Even an amicable divorce can become nasty as the process moves forward.
If you are seeking a divorce, you need the help of lawyers for divorce without breaking the bank. We are going to cover your options for obtaining low-income divorce lawyers in Virginia.
Are You Entitled to Free Divorce Lawyers?
You may think you are entitled to a free divorce lawyer, but this is not true. The U.S. Constitution provides you with free legal service if you are being prosecuted for a crime. It does not provide you with free legal services for civilian matters such as divorce in Virginia.
When you are seeking low-income divorce lawyers, there are options available. This includes legal aid offices and pro bono programs. Many of these organizations require your income to be below 125% of the federal poverty level.
There are times when your income may not need to be below the poverty line. This includes if you are a victim of domestic violence or are in the military. Unfortunately, the resources for these free services are limited and many people are turned down.
If you are unable to obtain services from these two locations, there are still other options.
Pro Bono Attorney
If you are wondering how to get divorced for free consider finding a Virginia divorce attorney who handles cases pro bono. The term pro bono is Latin meaning “for the public good.”
In the legal field, attorneys work to benefit the public interest by providing some services for free, or “pro bono.” The American Bar Association recommends attorneys provide 50 hours of work per year pro bono.
In Virginia, the Pro Bono Resource Center is connected to the Greater Richmond Bar Foundation. There are several organizations listed on their website, each dealing with different areas of law.
The Northern Virginia Pro Bono Law Center handles civil legal services to indigent and poverty-level citizens. This includes family legal assistance and representation for an uncontested divorce.
The Legal Services of Northern Virginia (LSNV) provides legal aid to those who are unable to afford legal counsel. LSNV has both pro bono attorneys and paralegals that provide legal assistance in a wide range of areas including family law and child advocacy.
You may also contact an attorney in your area that handles Virginia divorce and ask if they are willing to handle a case on a pro bono basis. If they don’t, they may be able to recommend a place that does.
Divorce Filing Fee Waiver
The filing fee for a divorce in Virginia is $80 to $90, depending on the county. You may file a “Petition for Proceeding in Civil Case Without Payment of Fees or Costs.” The form allows people who are low-income to request the Virginia court waive their fees.
The fees you are requesting be waived include filing fees, process serving fees, and transcript costs. For a no-fault divorce, you use Form CC1421. You will need to answer questions about your financial situation and provide specific documentation.
Once you have the form complete, you need to file it with the court. The court will determine whether you meet the qualifications based on your answers. If you qualify you will be able to proceed with filing your divorce without paying filing fees and costs.
If you are receiving public assistance, the court will most likely approve your request. This is because by receiving public assistance you are below the 125% poverty line. Even if you receive assistance, you will need to complete the entire application.
You may also qualify due to your income and assets. The guidelines use figures of household income and the number of people in the home. You show how often you receive a paycheck and your annual net income.
You do not count any child support your receive as income. Child support is for your child, not you. If you pay child support, you can claim that as an expense.
The court will consider a wide variety of things in determining a waiver. If you have money in a savings account or own valuable property you may not qualify. If you have unusual and continuing medical expenses, you may qualify.
Once you submit the form to the court the judge will make a determination on whether or not to waive your fees.
Do I Need Divorce Lawyers in Virginia?
There are times when you may be able to handle a divorce on your own. Not using an attorney is always risky. You never know when a disagreement between you and your spouse can result in problems.
You must also have a solid understanding of divorce law and procedures. If you are considering going through a divorce without legal counsel, you may not need an attorney if:
- If this is a short marriage with few or no assets
- If you and your spouse have no children and have a settlement agreement, you may divorce after a six-month separation
- You have an uncontested, no-fault divorce
- You do not own any real estate or vehicles
- You and your spouse earn the same amount of income and neither is claiming spousal support
- You and your spouse have the same amount of retirement and are not requesting an equitable distribution
- You and your spouse have the same amount of investments such as stocks, bonds, and other assets and are not requesting an equitable distribution
The final aspect of representing yourself in a divorce case is the ability to manage a significant amount of paperwork. If the paperwork you prepare does not meet the court requirements it will receive a rejection. You will then need to re-do the paperwork and refile it.
For this reason, it is always preferable, even with a quick Virginia divorce, to use the services of a lawyer.
An Attorney Is Advisable
There are some areas where finding low-income divorce lawyers is advisable:
- If there are significant assets to be divided
- If you and your spouse have minor children and are not in agreement on custody, child support, or parenting time
- You or your spouse are claiming sodomy, buggery, adultery, willful desertion, abandonment, felony conviction, cruelty, or annulment
The other consideration is if there is a family business. You will likely need an attorney to assist in determining the value of the business and how it will be divided.
Schedule a Consultation
When you are planning to use free divorce lawyers, you need to consider all your options and find the best means possible to secure legal representation. The Law Office of Michael Ephraim has more than 25 years of experience servicing clients in the Norfolk, Virginia Beach, and Fairfax areas.
If you are considering divorce we invite you to contact our office to discuss your options for an easy and fast divorce. We offer a streamlined divorce process that requires no court appearance, and the option to complete the process completely online. Call us today!