QUESTION
Attorney Required for Filing of Separation Agreement in Virginia?
Asked on Apr 17th, 2015 on Divorce - Virginia
More details to this question:
Is it necessary for an attorney to file a Separation Agreement for a marriage domiciled in the state of Virginia? The couple is planning, and likely will have, an uncontested divorce. There are no assets (money, property, vehicles, etc.) and no children between them. Given all this, they're thinking that, if, and of course that may be a very BIG "if," they both keep to their word to each other and accept their mutually agreed upon terms for the divorce, an attorney need not be involved. I know I"m asking a bunch of attorneys to possibly forgo hiring one of their own, but perhaps one or more could give me an honest answer as to whether or not an attorney would really be necessary in such a purely hypothetical situation. Also, what would be the advantages and disadvantages to each? TY
1 ANSWER
1 Award
No, you are not required to have a lawyer to complete your divorce. Some people do manage to do it themselves. However, there are probably at least a hundred things that can go wrong, even with the simplest divorce. I can tell you that I have people hire me all the time to fix the mistakes they have made in their no-fault uncontested divorces and it ALWAYS creates more work for me than if I had just handled it for them from the beginning.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Apr 25th, 2015 at 4:21 PM