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    anne77f's Avatar
    anne77f Posts: 4, Reputation: 1
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    #1

    Nov 9, 2007, 09:51 AM
    Can I file for divorce myself in Virginia?
    I have been separated from my husband since July 2006. I have been in hiding from my husband since July 2007. He has agreed to an uncontested divorce, NO COMPLICATIONS (i.e. no property, custody, alimony, etc.). I just want to be free and change my last name. Can I do this myself (without revealing my whereabouts) and how?? Thanks to ANY with advice, I'm desperate.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Nov 9, 2007, 09:58 AM
    You can definitely file for divorce yourself... if your both agree to the terms it will be a dissolution and should move rather quickly.
    You are going to have to give an address though, and you are going to have to show up to court.

    You could give a relatives address or somewhere you know you will be able to get your final paperwork once it's mailed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 9, 2007, 12:30 PM
    Quote Originally Posted by macksmom
    You can definitely file for divorce yourself.....if your both agree to the terms it will be a dissolution and should move rather quickly.
    You are going to have to give an address though, and you are going to have to show up to court.

    You could give a relatives address or somewhere you know you will be able to get your final paperwork once it's mailed.

    Depends on the State - in NYS it is a felony to give anything other than your true, legal address on your papers. Courts very often don't enforce the law but they can. Never a good idea to lie to the Court, whatever your reason.

    Do it yourself divorces can be tricky and costly in the future - you have to protect yourself in the event of joint debts, any joint property, anything you have that is in his name, anything you have that he THINKS is his and so forth, anything you are not aware of today that could show up tomorrow! And as much as he is in agreement and doesn't care you also have to be prepared for him to make an appearance, either personally or by Attorney. I don't know how long you have been married but in some States you also cannot waive your rights - if you are entitled to spousal maintenance the Court MUST order it. You don't have to enforce it but there could very well be a support order and for that reason only your husband may decide to appear and protect himself.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #4

    Nov 9, 2007, 12:59 PM
    You say that there are no complications, no property, no custody, no alimony, etc. are you saying that because you don't own property together and you have no children or are you saying it because he agrees to everything you want? If its he just agrees, I would go to an attorney, if you truly don't have anything together then file yourself.

    You said you were in Virginia, where about? Most of the cities have all the forms and how to instructions on the web. Remember you do have to put an address on all the forms and there is a separate form for your name change. You will have to be in court, however hedoesn't. You have to go for the name change, though if you don't have children with his last name you might not. As long as you sign everything with a Notary there, then you can forward the papers to him for him to sign then you can summit them in court and be done.

    If you truly don't have anything then the decree will be short and very simple. Its when you get things and kids that it gets messy.

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