- posted: Apr. 29, 2014
By consulting with a Virginia Beach family law attorney, you can get answers to all your questions about Virginia divorce and other family law matters.
Previously, in most Virginia courts, when obtaining a no-fault, uncontested divorce, plaintiffs had to testify in person, orally, in open court. However, in 2012, the Virginia legislature passed a bill which became Virginia Code § 20-106. Now, under the revised statute, plaintiffs can testify through an affidavit or written deposition and third party. This is possible when all issues involved with the divorce are resolved in a written settlement agreement, and there are no other issues other than the grounds of the divorce itself that require adjudication. It is also possible when the respondent has been personally served with the divorce complaint and has failed to file a responsive pleading or make an appearance as required by law. Affidavits require certain affirmations, such as the following:
- Factual support for the claim or counterclaim
- Parties are over age 18
- Neither party is incarcerated
- Military status is verified and whether response was waived under Servicemembers Civil Relief Act
- One party to the lawsuit has resided in Virginia for six months
- Parties lived separately and continuously without cohabitation for one year and with intent to remain separate and apart permanently
- Desire to be awarded divorce is confirmed
- Statement of whether there are children and that the wife is not known to be pregnant
- A corroborating witness's affidavit verifies the above points
A Norfolk family law attorney can handle the paperwork involved for you. Another convenience is that a spouse filing for divorce who lives out-of-state or abroad does not have to appear in court.
Darrell M. Harding has decades of experience handling Virginia family law issues and divorces.
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"In every case Mr. Harding takes, he strives to provide his clients with the highest level of legal service. If you choose Darrell M. Harding Attorney At Law, PLC to represent you, you can expect to receive experienced legal guidance and be treated with the utmost courtesy and respect at all times."
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Mr. Thomas F Harding Attorney at Law, Thank you for not only your legal expertise but also the compassion and emotional support you provided for our family during this, stressful times. Your exceptional negotiating skills allowed us to avoi...
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I recommend Mr Thomas Harding! During a difficult time in my life, he helped me with my legal situation. He is professional knowledgeable in his field, and handled my legal situation swiftly and efficiently! Thank you Thomas!
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Thank you Thomas Harding! Everything was quick and easy. He helped me adopt both of my daughters in no time. Very knowledgeable, stayed in communication with us through out the whole process. I was amazed. Good people doing a great job! I h...
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Does excellent work, very much recommended
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If you're looking for an outstanding divorce lawyer, Mr Harding is the professional you want on your side. With a deep understanding of family law and a compassionate approach, he made a stressful process much more manageable. His com...
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