While the decision to divorce is always difficult, an uncontested divorce in Fairfax, VA, can help you save time and money. It can also help you avoid a drawn-out legal battle full of emotional rollercoasters. An experienced Fairfax uncontested divorce lawyer at The Law Office of Afsana Chowdhury, PLC can help you minimize stress and protect your family’s interests.
Since 2014, families in Northern Virginia have trusted our team to help them resolve sensitive family law matters in the most effective way possible. We’re here to help make sure your family is protected through this difficult time.
Even the most amicable divorce can involve complex legal issues. Our lawyers have over 11 years of experience helping families like yours navigate those issues. Contact our law offices in Fairfax, Virginia, today at (703) 271-6519 to learn how we can put our experience to work in your case.
How The Law Office of Afsana Chowdhury, PLC Can Help With Your Uncontested Divorce in Fairfax, VA
Are you thinking of filing for divorce? Do you believe you can reach an amicable result with your spouse? Have you filed for divorce and learned that it may be better to avoid a trial? An uncontested divorce might be right for you.
Unfortunately, many couples try to handle their uncontested divorce alone to save money. Ultimately, that can lead to a situation where necessary issues are not properly resolved–so that the divorce can’t be finalized. It can also allow one spouse to take advantage of the other.
An experienced Fairfax family law attorney at The Law Office of Afsana Chowdhury, PLC can help you reach a fair agreement. Our lawyers have been recognized as a Top Attorney by the American Institute of Family Law Attorneys. We’ve also won the Avvo Client’s Choice Award.
When you hire us, we will:
- Guide you through the mediation process
- Protect your best interests throughout the divorce process
- Handle all paperwork and court filings
- Prevent manipulation and help you work through any important issues that arise
Our Fairfax divorce lawyers are always available to discuss your case. Call today to get started.
What Is an Uncontested Divorce in Virginia?
An uncontested divorce is one in which the two spouses are able to agree on all relevant issues without court intervention. Because you’ve already reached an agreement, it is not necessary to have a judge make those important decisions for you.
In addition to agreeing to the divorce itself, to have an uncontested divorce, you and your spouse must agree on issues related to:
- Child custody and visitation
- Child support
- Spousal support, or alimony
- Property division, or division of the marital assets and debts
An uncontested divorce lets you avoid a divorce trial. Instead, your lawyer will help you and your spouse reach a divorce agreement outside of court.
Unless the agreement is plainly unfair, the family law judge will simply approve the divorce agreement. At this point, the divorce will be final.
Is an Uncontested Divorce Right for Me?
Divorce is highly personal. No two divorce cases are exactly the same. However, all divorcing spouses must satisfy certain legal requirements before they can obtain a divorce in Virginia. Before obtaining an uncontested divorce, either you or your spouse must have been a Virginia resident for at least six months.
While there are no specific “grounds for divorce” in no-fault divorce cases, you must also satisfy the separation requirements under Virginia law.
That means you must either:
- Live apart from your spouse for at least one year, or
- Enter a separation agreement, have no minor children, and live apart from your spouse for at least six months
Your Virginia divorce will be uncontested if you and your spouse can agree on the terms of the divorce.
However, uncontested divorce tends to be the best option when the following are true:
- Both spouses are able to support themselves
- There are no minor children involved
- The spouses have few marital assets
- The relationship is amicable
That said, even high-net-worth clients and those with minor children can obtain uncontested divorces. In fact, some divorces that are contested at the outset can become uncontested.
Our team at The Law Office of Afsana Chowdhury, PLC is well-equipped to help you throughout the entire process.
What Are the Primary Benefits of an Uncontested Divorce in Fairfax, VA?
Uncontested divorces carry many benefits when compared with contested divorces. Couples who agree to an uncontested divorce tend to feel less animosity toward their former spouse. An uncontested divorce can also spare children from the anger and stress of the divorce process generally.
Some of the primary benefits of an uncontested divorce include:
Uncontested divorces tend to be cheaper than contested divorces. While you will still need an attorney’s help with mediation, paperwork, and negotiations, you’ll avoid court. That means you’ll avoid court fees and costs. Depending on the complexity of your case, attorney’s fees also tend to be lower.
Divorce is almost always stressful to a certain extent. However, in uncontested divorces, the parties have the ability to reach solutions that are workable for both parties. With an experienced divorce attorney’s help, couples have an opportunity to reach fair results without the same level of negative feelings that contested divorces often involve.
While compromise is never perfect, spouses tend to have more of a say in the matter when compared to judicial intervention.
Uncontested divorces tend to be less time-consuming than contested divorces. While it may take some time to reach an agreement on complex issues, the mediation process tends to be faster than the court process. You won’t have to wait for the judge to schedule hearings or engage in a complex discovery process.
How Long Does It Take To Get an Uncontested Divorce in Fairfax, Virginia?
The timeframe for obtaining an uncontested divorce really depends on how long it takes to reach an agreement on the issues relevant to your divorce. The divorce process is the same regardless of whether your divorce is contested or uncontested.
You’ll begin by living separately and apart from your spouse for either six months or one year. During this time, your lawyer will help you work through any points of disagreement. Once the separation period is over, your lawyer will prepare a bill of complaint. One spouse then serves the divorce petition on the other spouse.
The receiving spouse has 21 days to respond to the divorce complaint. Of course, there is often no need to wait 21 days for a response when both parties have agreed to the terms of the divorce. It’s also possible for a receiving spouse to waive their right to notice, which can speed up the process.
The petitioning spouse can request a hearing before a judge. At the hearing, the divorce agreement and relevant paperwork will be presented to the judge. In uncontested divorce cases, the judge typically finalizes the divorce immediately after the hearing.
It’s also possible to submit your divorce case by affidavit and avoid a formal court appearance entirely.
Do I Need an Attorney for an Uncontested Divorce in Fairfax?
Technically, no. Some couples choose to handle their divorce without obtaining legal representation.
That said, there are many benefits to obtaining a lawyer’s services. Your lawyer can prepare the paperwork and ensure that all filings are complete.
Importantly, even an uncontested divorce is rarely completely amicable. When you’re dealing with the most important issues in your life–your children, your finances, and your assets–there are bound to be disagreements. That doesn’t mean those disagreements can’t be resolved without a judge’s order.
Your lawyer can help you work through any disagreements. Having an impartial person involved in the process often helps spouses see the bigger picture. It makes it much more likely that your divorce will proceed uncontested rather than become contested.
At The Law Office of Afsana Chowdhury, PLC, we’re here to protect your best interests throughout the process. Contact us today to learn more about how an experienced Fairfax uncontested divorce attorney can help you through the uncontested divorce process.
How Much Does Obtaining an Uncontested Divorce in Fairfax Cost?
The cost of obtaining an uncontested divorce depends on the complexity of the case. An uncontested divorce is almost always going to be more affordable than going to trial to obtain a judicial order.
There are still costs associated with an uncontested divorce, including:
- Court costs related to a hearing and finalization of the divorce order
- Filing fees
- Attorneys’ fees
Our lawyers can offer more information about the potential costs of your uncontested divorce once we have a better understanding of the facts. Contact our law firm in Fairfax today to arrange a consultation to learn more.
Contact an Experienced Fairfax Uncontested Divorce Lawyer for a Case Evaluation Today
An uncontested divorce is the fastest and most affordable way to get divorced in Fairfax. However, even an uncontested divorce can generate heightened emotions and disagreement. Contact The Law Office of Afsana Chowdhury, PLC to learn more about how an experienced Fairfax uncontested divorce lawyer can help your family through this time.