Do I need a lawyer to petition the court for a hearing to finalize my divorce?

UPDATED: Jan 10, 2011

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Do I need a lawyer to petition the court for a hearing to finalize my divorce?

I called the judge’s secretary and I was told to petition the court, and my wife, for a court hearing to finalize my divorce.

Asked on January 10, 2011 under Family Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can technically represent in any proceeding under the law.  So the answer would be no, you do not need a lawyer to file a request for a final hearing.  That is all the petition they refer to is really: a formal request of the court to either schedule something or decide on something.  Just be sure that you get the "technicalities" right.  There may be procedural requirements (every state has a code of procedure) for format, service on the other party, length of time that you need to give as notice as well as the particular requirements of the Judge it is before as well (only on Tuesdays, etc.).  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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