Can I finalize my divorce by filing an affidavit so I don’t need to go to court?

Gavel With Wedding Rings and PaperworkIn many divorces in Virginia, an individual must attend a court hearing in order to complete their divorce. However, you may be able to avoid the time and cost of attending a lengthy court proceeding to finalize your divorce by filing an affidavit.

Who Can File a Divorce by Affidavit in Virginia?

In order to obtain a divorce in Virginia, you must establish a legal ground to file for divorce. In addition, there are specific requirements that you must meet in order to qualify for a divorce by affidavit. They include:

  • You must have an uncontested divorce where you and your spouse have agreed to all the terms of your divorce, such as custody of your children, child support, alimony, and the division of your property.
  • You must have been legally separated for at least six months if you do not have children with your partner or for one year if there are children of the marriage.
  • You must plan to file a no-fault divorce where neither spouse is claiming that the other partner caused the divorce.

How Does the Process of Obtaining a Divorce by Affidavit Work?

To finalize your divorce by filing an affidavit, you and a witness will need to sign an affidavit in front of a notary public. You should be able to sign the affidavit at your lawyer’s office.

In your affidavit, you would need to state the date of your marriage, the date you separated, any children you had together, and whether you have a signed property settlement agreement. You would also need to have a corroborating witness. They must be 18 years old or older, not have a mental deficiency, and have personal knowledge about your marriage and separation. Their affidavit must state:

  • How often they have spoken to you since your separation
  • Whether they visited your home after you separated from your spouse
  • How long you and your spouse have been separated

Consult With a Family Law Attorney Today

Are you considering filing for divorce? Are you planning to file an uncontested divorce and want to avoid attending any court hearings? Our experienced family law lawyers in Norfolk are here to protect your legal rights and help you go through the process of obtaining a divorce. Call our office to schedule your free consultation today to learn more about how we can assist you.