QUESTION

What is the quickest option for a divorce when we both agree to it?

Asked on Sep 09th, 2011 on Divorce - Virginia
More details to this question:
My wife and I would like the quickest and best option for a divorce. We currently reside in Chesterfield, VA and have been married only for about 3 months. We do not have kids. I am 30 yrs old and she is 26 yrs old. I am the breadwinner of the family; however, she does not want any alimony or other payments to her. We also do not want to have our properties separated. Would it be best to just get an annulment? If so, what is the process? What is the process of a regular divorce based on our situation? Thanks
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Since you have no children together, you are eligible for a divorce after only a six-month separation.  In order to do this, you must both sign off on a property settlement agreement, even if the agreement simply states that you have no property together and that there is nothing in dispute.  Annulments are only granted in certain rare instances, such as if you discovered that she was a prostitute or felon prior to the marriage, or impotency, or that she was still married to someone else.   Depending on your case, there are so many little things that can go wrong in a divorce that is really worth hiring a lawyer to do it for you.  Many lawyers will charge a modest flat fee for a simple uncontested divorce.  That said, the basic steps of the process are as follows:  Step 1:  File a Complaint for Divorce - some counties may have sample forms you can use for this. Step 2:  Serve the other party.  This can be done by the Sheriff or a private process server, by publication in the newspaper if you do not know where the other party lives or if they reside out of state, or the other party can sign a Waiver of service. Step 3:  Have your Final Order for Divorce approved by the court.  Again, sample forms may be available in some counties.  Check with the clerks office or library of your local Circuit Court. Step 4: Conduct the Final Hearing.  A hearing must be done with you and a witness to verify all of the necessary information.  Sometimes Step 3 and Step 4 can be done in reverse order.  That is, you can either submit your final order for preapproval, along with a "Request for Ore Tenus" and then go to court for your final hearing or you can do your final hearing by deposition and then submit the paperwork afterwards to the court for review. If I've lost you at any point here, then you will understand why I encourage you to simply let a lawyer take care of this for you.  We do hundreds of these, so we know all the ins and outs of getting you through this process as quickly and easily as possible. 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 Sep 30th, 2011 at 12:07 AM

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