Filing For A Divorce Without An Attorney
Although it is very unfortunate for all parties involved, divorce is a reality. It happens to people who thought they were going to spend the rest of their lives with their partner, only to realize months or maybe years down the road that they were with the wrong person and that they had to get out of the marriage. If you have started to wonder whether or not it’s time for you to get out of your marriage, you should know that hiring a lawyer is not your only option. Sometimes divorce without attorney is a smarter and more efficient decision.
There are many reasons that people choose to pursue their divorce without attorney, including a lack of funds and an otherwise amicable relationship. If you simply don’t have the money to hire an attorney, a legal divorce is still possible for you, you will just have to spend some time doing a little research and educating yourself. If you still can be civil with your soon to be estranged spouse, and you are not fighting over children or property, most times you can save a lot of money through divorce without an attorney. Another reason that people pursue their divorce without attorney is that they simply don’t trust an attorney to care enough about saving their businesses, savings, dignity or homes. And that is a very real fear; no one cares more about you that you do.
If you are new to the world of divorce without attorney, you should know that legally it is known as a pro se divorce. If you come across this term in your research, you will know that you’re on the right track. Be honest with yourself when you are considering divorce without an attorney, and think about your own emotional health. If you are quite entangled in the marriage, and not happy that it is ending, it is probably best to hire an attorney that can be objective and assertive. If you are able to keep the divorce and your feelings mostly separate, you have a chance at representing yourself and thus saving some money at the same time.
If you decide to proceed toward your own divorce without attorney, you should know that the proceedings can become quite complex, and you should be familiar with every aspect before you proceed. The first thing that you must do is figure out your states laws about how to file a petition for divorce, and where to file it. Take a few days to do thorough research and learn all of your available options. A bit of your time could save you hundreds or even thousands of dollars over the course of your entire process.
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About the Author:
Find out more about divorces without an attorney and if it is right for you. Our helpful articles may save you money if you choose to file an uncontested divorce.
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Virginia Divorce Lawyers Desertion County Cruelty Spousal Support Fairfax Richmond Beach Loudoun Prince William Fredericksburg
Sarah Johnson Vardell v. William Norman Vardel
Supreme Court of Virginia
225 Va. 351
April 29, 1983
The wife further requested that the husband be enjoined from “going on the premises” of the marital abode, owned jointly by husband and wife. An ex parte hearing was held on the injunction request that day and an order preventing the husband from “going on the premises” of the home. Later that day, the sheriff served the husband with the subpoena in chancery for a divorce in Virginia and the injunction order at the marital residence. The husband voluntarily left the premises. The husband then filed an answer and cross-bill for a divorce in Virginia alleging that the wife’s obtaining an injunction without cause, restraining the husband from going into their residence, constituted constructive desertion by her. The husband sought a divorce on this ground and requested dissolution of the injunction. The Chancellor denied the wife a divorce because she failed to prove that the husband was guilty of cruelty. However, the Chancellor granted the husband a divorce on the ground of the wife’s constructive desertion in obtaining an injunction against him.
The wife appeal from a judgment of the Circuit Court of Chesterfield County
Whether evidence of the eviction from the marital abode, pursuant to an injunction order entered ex parte is sufficient to support a divorce on the ground of cruelty?
Whether the trial court erred in holding that the court-ordered ejection of her husband from the family domicile constituted cruelty and desertion on the wife’s part?
The wife presented evidence in support of the injunction legally sufficient to cause the chancellor to require the parties to separate, such action, without more, may not ipso facto be converted into a basis for granting a divorce to the husband when the wife is unsuccessful in proving her grounds for a divorce.
This Court, noting the injunction order did not direct the sheriff to remove the wife from the home, found the sheriff acted “hastily” and followed the instructions of the husband who told him to break the door down if necessary. The Court held that the conduct of the husband and his cousin, the sheriff, amounted to “gross cruelty and humiliation,” constituted “terrible treatment,” and clearly established that the husband was guilty of cruelty tantamount to constructive desertion. The egregious circumstances in Brooks v. Brooks, 200 Va. 530, 106 S.E.2d 611 (1959) stand in striking contrast to the facts in the present case. Here, the initial decision to evict, made ex parte, was affirmed within eight days upon a full adversary hearing. The actual eviction was uneventful; it was in accord with the letter of the injunction order and was unaccompanied by the disgraceful conduct present in Brooks. Thus, Brooks is not controlling here. For these reasons, those portions of the July 1980 final decree awarding the husband a divorce on his cross-bill, and permitting the wife to resume her maiden name, will be set aside and annulled. The trial court’s decision that the wife has failed to prove defendant was guilty of cruelty has, of course, become final.
Thus, the suit will be remanded on the wife’s bill of complaint for divorce for further proceedings not inconsistent with this opinion.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Lynchburg City, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
Mr. Sriskandarajah is a Virginia lawyer who primarily focuses his practice on defending complex criminal & immigration cases in federal and state courts and handling complex divorce cases. He is the owner and CEO of the SRIS Law Group. The law firm has more than 11 offices to serve the clients of the SRIS Law Group. If you wish to contact the SRIS Law Group, please contact us at 888-437-7747. We look forward to helping you.
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