- 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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Testimonials
"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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Ratings & Reviews
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They handle my divorce in like 2 months and they took payment arrangements they were amazing I appreciate them
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Mr. Harding was able to get everything I wanted in my case with less than 4 hours notice to be at court as I didn't retain until the day of court. Fantastic lawyer would recommend to anyone in need of an attorney
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For such a difficult subject, Mr. Harding made this as simple as possible. He never pressured me but guided me to make the best decisions for myself and my child. He also encouraged communication between myself and my ex to settle things mo...
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Mr. Harding took his time to answer any questions that I had. Even in my fears, he consistently had a professional, yet confident demeanor that put me at ease. He never pressured me, always encouraged an open communication between myself an...
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Thomas has been absolutely heaven-sent in my family law case. He has gone above and beyond and is quick to answer any questions that I have whether it be by email, phone call, or in person. I have recommended him to several of my friends an...
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