QUESTION

I am Johnny Jackson and my question is for irreconcilable divorce do I have to be present and how long does the process take?

Asked on Jan 30th, 2012 on Divorce - Virginia
More details to this question:
My wife and I both agree on the divorce and we don''t have any kids but I am in the military and I am stationed overseas and I''m trying to have this settled by end of March is this possible considering we don''t have anything and we both agree on the divorce?
Report Abuse

1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If you and your spouse have already lived separate and apart for the required statutory period and you are in agreement on all issues, then a simple no-fault divorce can often be accomplished in just a few weeks, when done by an experienced attorney.  In Virginia, you must be separated at least one year before filing a no-fault divorce, or if you have no children you can file after a six month separation, but only if you have a written property settlement agreement (PSA) signed by both parties.  The PSA is also something an attorney can help you prepare.  As for whether you must be present, it depends on which county you file in.  Many counties will let you complete the final hearing by deposition, which means you never actually have to go to court.  Some counties will require your final hearing to be done in court.  We have open venue in Virginia, meaning you can file in whichever county you like, as long as the other side does not object, so you should discuss these options with your lawyer.   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.
Answered on Jan 30th, 2012 at 1:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters