I am trying to help a friend who just got out of the service and needs to file for divorce with his wife who is still in right now.

He has been trying to save money for a lawyer but I don't think he needs to pay one for a no contest divorce.

1. she is still in the service
2. they have been separated for over a year (not legally separated) I am not sure if he needs to file for that first.
3: she lives in California
4: he is currently a resident of VA, or could document NC if that made things easier

Where can he go to get free or very low cost papers?
In general what will it cost to file with the courts?

Thank you for any help, divorce is not my specialty.

In Florida you just download them from the .gov website. It's called "simplified dissolution of marriage" and there can be no kids and both parties have to agree to property division.

You list all your assets on the form and who gets what and file it with the county. I don't remember the fee but it wasn't much. They give you a court date and you both go in and swear to the document and the judge says OK and your done.

Not sure about Virginia.


link

Virginia does not have any 'legal' separation.
The law is 'living separate and apart.'
One year with kids involved, 6 months with no kids.
Her still being in the service puts some curves in how things must be done.
Talk to your JAG guy.
He may recommended legal aid in Virginia.
They often provide low cost services based on income/ability to pay.

It is not all that complicated but you have to now what the steps are and how to word court orders.
The complainant party in Virginia draws up the order of the court for the divorce and then a judge signs it.
Format matters.
You will also need a separation agreement to move forward to the order of divorce.

The issue with VA is going to be venue.
19. In suits for annulment, affirmance, or divorce, the county or city in which the parties last cohabited, or at the option of the plaintiff, in the county or city in which the defendant resides, if a resident of this Commonwealth, and in cases in which an order of publication may be issued against the defendant under § 8.01-316, venue may also be in the county or city in which the plaintiff resides.
VA Code 8.01-261
If she doesn't contest venue, and will sign a waiver, then he can proceed in VA.
VA will not have any authority to divide property or address support, only to terminate the marriage.
A simple uncontested divorce is not difficult, but the process has some pitfalls.
I usually do them for under a grand.
Yes, I am a VA lawyer.
Steve

Except Virginia courts will not allow you to proceed without a separation agreement.

Incorrect.
Sct 20-91
9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant..


You CAN get a divorce in six months IF there are no minor children AND you have a PSA.
One year separation is always grounds.
A PSA is not a requirement.
Steve

You go try it.

I don't have to "try it"... I file suits weekly.

Take a look at the bottom of the page here. http://www.pwcgov.org/government/courts/circuit/Pages/Divorce.aspx

There is a packet for a 1 year separation divorce (with kids) and a 6 month separation divorce (no kids).  

It works for any County in Virginia. Just change the name of the Circuit Court.

Not true.

You try and get the filing past a Clerk of the Court.
They have a nice little checklist they follow for every case.

It happens all the time.  Go watch the ore tenus docket in Alexandria Circuit Court.  That Court is well known for not being overly concerned with venue so you see a ton of pro se divorces in that Court.  They grant divorces all the time without a PSA or separation agreement.  But Alexandria is not unique. Every Circuit Court in Virginia will grant a divorce without a separation agreement in place.  


P.S.  Are you a lawyer in Virginia?