Can You Online Divorce Without a Lawyer in Virginia?

Making the heart-wrenching decision to file for divorce is seldom an easy one. Even if a person knows divorce is the only solution, it can still be a very emotional, confusing, and difficult time of one’s life.

Trying to navigate Virginia’s court system can be overwhelming when beginning the divorce process. If complications arise, it can lead to high stress due to disputes over child custody, child support, visitation, division of assets, and other divorce-related issues. If both spouses agree on all aspects of divorce, the process can move faster.

If you’re eligible to file for divorce online in Virginia, this can potentially make for an easier divorce, but you will still likely face challenges. Montagna Law has decades of experience in Virginia family law. Our compassionate and understanding legal team can help you with this difficult process, whether you file online or through traditional divorce channels.

Is It Possible to Get a Divorce Online?

Yes, it is possible to obtain a divorce online in Virginia if your situation meets specific eligibility requirements set forth by the Commonwealth. The primary requirement is the divorce must be uncontested by both spouses. This means you agree on:

• Child custody and visitation
• Child support
• Property division
• Spousal support or alimony

While you do not have to put an agreement in writing, it is wise to do so. You never know what might happen in the future, as one spouse may later change their mind or try altering the agreement since there are no documents confirming initial arrangements.

Do I Need an Attorney For My Online Divorce?

Many people often ask, “Can you get a divorce without a lawyer in Virginia?”

The answer is yes. Technically, you do not need an attorney to obtain a divorce. You can pursue a DIY divorce, but working with an experienced divorce attorney is helpful with navigating complex aspects of the process.

Attorneys Will Provide Legal Advice

Another benefit is you know you always have someone in your corner to provide sound legal advice, especially if your uncontested divorce becomes a contested divorce case. For example, if your divorce becomes contested, you will not be able to file online. Additionally, working with an experienced divorce lawyer can be beneficial, especially if the other party obtains their own legal representation.

If you decide not to use a divorce attorney to help with your dissolution of marriage, you will need to determine where to file for your divorce, which divorce forms apply to your situation, and file the correct divorce paperwork with the proper court clerk’s office.

Benefits of an Online Virginia Divorce

If your situation meets Virginia’s eligibility requirements, you will find that there are several benefits to pursuing an online divorce.

• Straightforward and less time-consuming process
• Spouses gain more control over their divorce outcome since they create an agreement they both settle on without court intervention
• Divorce is handled by affidavit, eliminating court hearings or a trial
• Save money with fewer attorney fees for court appearances and hearings
• A couple can create a parenting plan without court intervention
• Divorce can be granted by a judge without any in-person hearings when certain conditions are met

Additionally, online divorces are typically faster since no issues are being contested, reducing stress. This is better for the physical and emotional health of both the couple and, if applicable, their children since there is no animosity or fighting.

Ideal Candidates for an Online Divorce in Virginia

The ideal candidates for online divorces in Virginia are couples who have met the state’s residency and separation requirements. To qualify for an online divorce, they must also be seeking an uncontested, no-fault divorce with a signed separation agreement.

What is a Separation Agreement?

Before filing for an uncontested divorce in Virginia, the spouses must enter into a signed separation agreement. This agreement must address all divorce issues:

• Grounds for divorce
• Child custody
• Child visitation/parenting time
• Child support
• Spousal support
• Equitable distribution of marital property, including real estate

Not all of these issues apply to every divorce, but if they do, they must be met before filing for an online divorce. In terms of the separation agreement, if you do not have one, you may have to wait one year to file.

It may be beneficial to discuss your situation with a knowledgeable Virginia divorce attorney to determine when you can file your divorce by affidavit or if you should follow traditional divorce proceedings.

How Does a Divorce by Affidavit Work?

A divorce by affidavit means you do not have to physically attend court hearings or appear in front of a Virginia judge to get your divorce. Instead, you submit an affidavit containing the following information.

• Affirmation of Virginia residency
• Facts about the length of your separation and living status
• Affirmation separation was continuous without interruption for the required time
• Verifies military status of the non-filing spouse
• Verifies if either spouse is incarcerated
• Affirms a willingness to pursue a no-fault divorce
• Indicates whether either spouse has minor children

After divorce papers for an uncontested divorce are served, the respondent spouse is not required to file a response. Settlement agreements are all handled outside of a courtroom.

Why Work With Montagna Law

Clients often choose to work with Montagna Law because they know they can count on our family law attorneys to provide personalized attention and transparency about their cases.

Our Hampton Roads law firm also provides convenience. We can complete the entire divorce process over the phone and/or email except for one form the client needs to sign. We simplify this one detail by emailing the form to the client to print, sign, and mail back to us. Additionally, Montagna Law offers notary services for any divorce documents requiring notarization.

Montagna Law’s divorce process is designed to be streamlined so we can provide efficient service while still being complete and accurate. Our policy is to update our clients at each step of the process. We’ll handle the entire divorce process, from communicating with the other party to filing all divorce paperwork with the court.

You will never feel left in the dark or wonder what is going on as we work toward the finalization of your divorce case and send you your divorce decree.

Testimonials

“I would recommend Sam to anyone. Very empathetic. She has a friendly staff on her team. Been working together 2 years and never felt rushed or that she didn’t have time. She is a good attorney, she cares and she tries for you. Fun and easy to talk to but turns into the beast you need to fight for you in court. Sam is wonderful.” – Kara L.

“Very professional law office. They handled our case with the respect it deserved. Would highly recommend them for cases in Hampton Roads.” – Kyle K.

“I found that this firm is the best firm I ever been with for me and my husband. I also found that Katie Jones has been really great. Katie Jones is very good about letting us know about what we need to do for our case and what they are doing for our case. I love the communication they have with us. I recommend this firm.” – Jill H.

Get Divorced From Your Home. Contact Us Today.

The caring and compassionate attorneys at Montagna Law understand the anguish that often accompanies divorce. Our law firm serves the entire Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Suffolk.

If you need an attorney with experience in divorce law, Montagna Law can help. To schedule a consultation with our firm, call our phone number at 877-622-8100 or fill out our online contact form.