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Old 06-13-2011, 02:15 PM
7 posts, read 8,170 times
Reputation: 10


I am trying to start my divorce and myself and ex are wanting to do an uncontested with no lawyers. We are both being civil and agree on everything. We also don't have the money to pay for a lawyer. My question is after I get my separation papers notarized are they legal or do I need to take them to the court and have them sign or something? Virginia requires a 1 year separation prior to divorce when you have children of the marriage.
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Old 06-14-2011, 04:25 AM
Location: Roanoke, VA
1,756 posts, read 3,242,824 times
Reputation: 1036
I am not a member of the Virginia Bar.

With that said, this is my understanding. Your document, does not have to be filed with the court. You do not have to have a document to evidence the fact that you are living separate and apart from your spouse. Separation agreements usually deal with division of property and custody issues.

It has also been my understanding that you must actually live apart from your soon-to-be ex. You cannot be in the same house, but sleeping in separate bedrooms. That is not a separation from your spouse.

I am going to post a link to a website that has good information on Virginia divorce. If this violates the rules, the moderators can remove it.


There are lots of websites that deal with "do-it-yourself" divorces. From what I have seen, many are not very good.

If you have children, I suspect you will need the services of an attorney at some time during this process. Attorneys are expensive. Many times, making a horrible mistake in dealing with a legal matter, is even more expensive.
Good luck.
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Old 06-15-2011, 09:43 AM
Location: From TX to VA
8,578 posts, read 5,947,553 times
Reputation: 8073
I agree with TNLily 100%. VA divorce laws are complicated. You'll probably need an attorney at some point.
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