DivorceOctober 13, 20200 comments

Divorce in Loudoun County | What You Need to Know

Each jurisdiction is slightly different when it comes to its policies and procedures. If you’re getting a divorce in Loudoun County, you’ll want to be aware of these particular procedures.

Hiring an attorney experienced with your jurisdiction is crucial for the smoothest experience possible. This information is also important for pro se divorces.

Special COVID-19 Procedures

In an effort to maintain social distancing practices, Loudoun County Circuit Court requires that all divorces be filed by mail or dropping off the paperwork in the drop box to the Clerk’s Office.

Keep in mind that obtaining a court date may be lengthy due to circumstances created by the pandemic.

Getting an Uncontested Divorce

In order to obtain a divorce in Virginia, one or both spouses must be a resident and domiciliary of Virginia for at least six months immediately prior to filing. If you and your spouse have no minor children and have executed a written property settlement agreement resolving all issues arising from the marriage, you may file for divorce after living separate and apart for six months.

Having minor children requires a separation of one year and completion of the Families in Transition (FITS) program.. Because of COVID-19, many of these classes have transitioned to remote classes. Families with minor children must also execute a written property settlement agreement resolving all issues arising from the marriage if seeking an uncontested divorce.

Representing Yourself in a Divorce

While the opportunity to represent yourself in a divorce, (pro se) may appear to be an attractive option for those looking to avoid attorney’s fees, filing your own divorce can be complicated.

The various Courts throughout Virginia have compiled resources for those who wish to file for divorce without an attorney, yet they strongly suggest that you still consult an attorney to go over the process. The Court staff are prohibited from giving legal advice.