Re: Pro Se Divorce in Fairfax County, VA
Posted by:
Lifer
()
Date: April 23, 2009 03:49PM
jimmy jingles Wrote:
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> If you have children, you really need a lawyer.
> Without one you could lose rights to visitation,
> custody, etc etc.
>
> If your spouse doesn't know he's getting divorced,
> you probably need a lawyer. You could lose rights
> to any spousal support, shared property, etc.
>
> There are books in the libraries by a company
> called Nolo about how to file pro-se divorce. I'd
> strongly recommend putting on your concentratin'
> hat and sit down with one of Nolo's books.
>
> Summarizing the pamphlet, and I AM NOT A LAWYER:
>
> 1. Fill 2 copies of the complaint form (from
> clerks office), where you specify the grounds for
> divorce. If its no fault you both need to have
> been seperated for 6 months or 1 year.
>
> 2. Fill out form VS-2 (clerks office) in black
> ink, without making any corrections
>
> 3. Fill out two copies of the Divorce Case
> Coversheet (clerks office)
>
> 4. Figure out how you will "serve" your spouse:
>
> 4a. You can have your spouse simply sign the Form
> CC-1406 under oath with a notary public if he's OK
> with the divorce.
>
> 4b. If he's not in agreement or aware of the
> divorce, and lives in Virginia, you can have the
> sheriff serve him. You will pay $12 in step 5.
>
> 4c. If he doesn't live in Virginia, or can't be
> found, you can place an ad in the paper. You can
> only do this in certain situations, AND you will
> need to fill out more forms. Look at the pamphlet
> on page 7.
>
> 4d. You can use a professional process server.
>
> 5. Take all of those forms, including your
> checkbook to pay the fees, to the clerk's office.
> you will be assigned a case number. The wheels of
> justice will begin.
>
> 6. Your husband will get served, or you will place
> the ad in the paper.. If he didn't sign form
> CC-1406. He has various rights, including
> contesting the divorce or the terms of the divorce
> or whatever. If he exercises those rights, it goes
> to trial. Find a lawyer.
>
> 7. If he does not contest the divorce, it will
> proceed to some kind of a hearing where you clear
> up how everything is divided and whatnot.
>
> 8. The judge signs the Final Decree. You can also
> have some kind of form signed to return to your
> maiden name.
very detailed - but didn't U leave out the PSA - you'll have to work one up, agree on it and then each sign and give the original to the Court - also you'll need to leave apart and separate (I think 6 mos?? ) but there is some kinda rule about that as well good luck - I say just walk away - unless they are kids -