While many of us find it amusing to watch bickering couples receive a scolding by entertaining television judges, like Judge Judy, or Judge Toler, on the reality TV show, “Divorce Court,” we would gladly avoid entering this type of courtroom if we find ourselves in the midst of the difficult divorce process.
Fact v. Fiction
Fortunately, courtroom television shows rarely depict the realities of the real courtroom process. However, going to court is very scary for most people, and people in the midst of the emotionally trying divorce process are no exception.
Virginia’s New Bill Helps Some Divorcing Couples Avoid the Courtroom
A new law in Virginia will make it possible for parties to get a divorce without having to attend an extended court hearing. Recently approved by the Virginia General Assembly to amend the existing Virginia Code Section 20-106, the Bill allows some parties to present evidence by providing a written and sworn affidavit or written deposition, instead of having to appear in court.
Before House Bill 126: In-person Testimony Required
How to Avoid Court
The first method is a divorce by deposition (written) which requires the Plaintiff and the corroborating witness to provide their testimony in the presence of a court reporter. The court reporter will prepare a transcript of the testimony which the Plaintiff will then submit to the court, typically through his/her attorney. The second method allows the Plaintiff to provide a written affidavit, which must conform to specific requirements, and the witness simply writes their testimony down and signs it in the presence of a notary. Since Virginia law allows any notary to witness the signature, neither the Plaintiff nor the witness need to be located in Virginia to testify via affidavit.
CONTACT US TODAY: If you’re looking for a Virginia divorce attorney, contact Keithley Law, PLLC today by calling (703) 454-5147 and schedule an initial consultation in our Fairfax law office.
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