Virginia  |  Family Law

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11/14/09, 8:30 pm

Legal Question


My Wife and I have been separated for over 5 years, someone told me that all we have to do is pay the filing fee to obtain a divorce. Is there any truth to this or do we have to go thru the whole process. Thanks for any help you might be able to give.


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11/19/09, 11:27 pm

Legal Answer


A filing fee for a divorce versus the whole process? I'd say paying the filing fee would merely be part of that whole process.

Michael E. Hendrickson

Attorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, 22314

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11/20/09, 11:59 am

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You do have to pay the filing fee but if the 2 of you are either in agreement with regard to property division, custody (if applicable) and support then you really should have a martial separation agreement drafted before you file for divorce to address those issues. If you no children and no property then you can file for the divorce without a separation agreement but you still have to go through the whole process, which involves having a witness testify along with you for your final divorce decree. So there is much more involved than just paying the filing fee.

Lisa McDevitt

McDevitt Law Office 2155 Bonaventure Drive Vienna, VA 22181

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