Uncontested Divorce Process in Virginia Call (703) 967-3315 or visit https://fishersandlerlaw.com to schedule your FREE consultation.
Do you and your spouse agree on how to resolve all of your divorce-related issues? If so, you can pursue an uncontested divorce, which is often the simplest kind.
What Is an Uncontested Divorce?
In an uncontested divorce, you and your spouse reach an agreement about all of the issues in your divorce, including:
1. How you will share custody, parenting time, and parenting responsibilities
2. Amount and duration of any child support
3. Amount and duration of any spousal support (alimony)
4. Division of all property, and
5. Division of all debt.
Once you’ve reached these agreements, you don’t have to go into court and argue. Instead, you file court forms and a “divorce settlement agreement” that details the agreements you’ve made about how you want to divide your property and debts, what your custody arrangements for your children will be, and whether support payments will change hands.
Your settlement, and your final divorce, will have to be approved by a judge, which shouldn’t be a problem. The judge will usually approve a settlement agreement unless it’s clear that the terms are completely unfair to one person or were arranged when one person was under duress. As soon as the required time period (set by state law) has elapsed, the divorce will be final.
Not every uncontested divorce is the same, and not every uncontested divorce runs smoothly. The process is simplest when a couple has no minor children and few assets, including no real property—such as homes or rental properties. It also works best if each spouse is self-supporting or clearly capable of easily becoming self-supporting. Some states have simplified procedures available for couples in this type of situation. Such procedures are strictly limited however, and are available only for marriages that were relatively brief, generally five years or less.
In most US states, the difference between a contested divorce and an uncontested divorce is that in a contested divorce, one or both parties disagree about the terms of the divorce – whether about if the divorce itself should happen, division of assets, allocation of debts, alimony, child support or custody of children.
On the other hand, in an uncontested divorce, the spouses agree on all the material terms of the divorce and do not need the court to divide assets or make determinations for them about spousal or child support or custody.
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