How to Get Adult Emancipation in Virginia
- 1). Know Virginia state law concerning emancipation. Residents who have reached the age of 16 in the Commonwealth of Virginia qualify for emancipation by getting married (even if that marriage doesn't last because of divorce or widowhood), being on active duty in the U.S. armed forces or living apart from their parent(s) or guardian while demonstrating the ability to support themselves. The relevant statutes are contained in the Code of Virginia, sections §16.1-331 through §16.1-334.
- 2). Contact your local Juvenile and Domestic Relations Court. Find these on the individual court home pages listed by the state Supreme Court at their website "Individual Juvenile and Domestic Relations District Court Homepages" (courts.state.va.us/courts/jdr.html). Click on the county where either you or your parent/legal guardian reside for information on the court's location, phone numbers, hours of operation, schedule and person to contact.
- 3). Prepare your documentation. To petition the court for emancipation, you must fill out an Order of Emancipation (Form DC-549). Provide your name, gender, date of birth, age, residence, names and addresses of parents or legal guardians and the specific facts that are leading you to seek emancipation. Your parents or guardians must sign this document. Submit your petition to the court.
- 4). Wait for the court to decide your case. Virginia law states that before a court can order emancipation, it must determine if you meet the criteria of (1) having entered into a valid marriage, whether or not that marriage has been terminated by dissolution; (2) being on active duty in the U.S. armed forces; or (3) living separately from your parents or guardian, with their consent, and able to support yourself and competently manage your own financial affairs. The court may decide to initiate a social services investigation into your case. It will provide you with an attorney to serve as "guardian ad litem,'' i.e., someone to watch out for your interests during the process.
- 5). Obtain a copy of your emancipation order from the court and take it to your nearest Department of Motor Vehicles (DMV). The DMV will then issue you an identification card with your name, address, photograph and statement that you are emancipated. All of the rights due you as an emancipated minor under Virginia Code § 16.1-334 will be listed.
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