How Much Does It Cost to Get a Divorce in Virginia?
The cost to get a divorce in Virginia may vary widely as the cost can be affected by a number of variables. Whether or not the divorce is contested and whether the parties choose to hire attorneys or proceed pro se are the biggest factors that will be determinative of the cost. If the forms required are prepared by the party filing the divorce and an attorney is not used, then a Virginia divorce may be achieved for under $100 in most cases.
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Divorce Procedure
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A Virginia divorce begins when one spouse files a complaint for divorce. The complaint must be served on the defendant (the other spouse). The defendant then has the option to file an official written answer within the allotted time frame. If the parties to the divorce are in agreement regarding all the issues in the divorce such as division of marital property, child support and custody, then the divorce is considered uncontested. In an uncontested divorce the parties may submit a marital settlement agreement and decree of divorce to the court. The divorce will become final upon the judge's signature. If the parties are not in agreement, each party will complete discovery on the other party and eventually request a final hearing from the court. At the final hearing the parties will present evidence and testimony regarding contested issues, and the judge or jury will decide the issues.
Cost of an Attorney
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The cost of an attorney can vary widely depending on a number of factors. First, whether or not the divorce is contested or not will be a huge factor. The more contentious the divorce, the higher the cost for an attorney. The size of the marital estate can also affect an attorney's fees. The exact location of the divorce may also play a part in the cost of an attorney. Attorney fees in metropolitan areas such as Arlington tend to be higher than in rural areas.
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Pro Se Divorce
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If a Virginia resident chooses to proceed pro se -- without hiring an attorney -- then the total cost for the divorce can be significantly less. A pro se litigant must still prepare the forms necessary for the divorce and pay filing fees and service of process fees when applicable. Divorce forms may be available through the Virginia Courts website (see Resources). If instructions and/or guidance is needed to prepare the forms, many online companies provide preparation of divorce forms for a fee. As of 2011, preparation of forms can be obtained for around $130 and up.
Filing Fees
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Even if a Virginia resident chooses to represent herself in a divorce proceeding and prepare her own forms, a filing fee must still be paid and the complaint must be served on the defendant. The Virginia Courts offers a filing fee calculation tool on their website to help plaintiffs determine the cost of filing (see Resources). As of 2011, a typical filing fee for a divorce with service of process by the sheriff was $96.
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