You intended to spend the rest of your life with your spouse, but things changed. Now, you are ready to dissolve your marriage. Regardless of the reason your relationship ended, the only way to obtain a divorce is through the family court. If you and your spouse can work together on a divorce agreement, you can petition the court for a Virginia uncontested divorce.
Below are answers to frequently asked questions about Virginia uncontested divorces.
What Is the Difference Between an Uncontested Divorce and a No-Fault Divorce?
In a no-fault divorce, there are no legal grounds for the divorce. Legal grounds for a divorce include adultery, desertion, cruelty, and imprisonment for a year or more for a felony conviction. A no-fault divorce requires the spouses to live separate and apart for a specific period.
An uncontested divorce means that the parties agree on all issues to be resolved during the divorce. If the spouses disagree on just one issue, the divorce is contested.
What Do Spouses Need to Agree Upon for an Uncontested Divorce in Virginia?
The issues that must be resolved in a divorce depend on the circumstances relevant to the spouses. For example, if the spouses share minor children, they must agree upon terms for child custody and child support.
Child custody is based on the best interests of the child. Even when parents agree on child custody terms, the court reviews the agreement to ensure it is in a child’s best interest. Child support is based on standard child support guidelines.
Alimony and property division are also issues to be resolved in a divorce. The spouses must agree on how to divide marital property and debts.
Virginia follows equitable distribution for property division. Therefore, marital assets do not need to be divided equally. Alimony is not guaranteed, but it could be ordered if the court determines that one spouse needs financial support and the other spouse can afford to pay spousal support.
How Long Does It Take to Complete an Uncontested Divorce in Virginia?
The timeline for an uncontested divorce depends on how quickly spouses reach an agreement. It also depends on the grounds for the divorce.
If you file for an uncontested divorce on no-fault grounds, you and your spouse must be separated for one year. However, couples who do not have children and sign a separation agreement only need to be separated for six months before filing for divorce.
Once the separation period ends, either spouse may file a divorce petition. A no-fault uncontested divorce may be completed in two to three months, depending on the spouses and the court schedule.
How Much Does an Uncontested Divorce Cost in Fairfax, VA?
As with other types of divorces, the cost of an uncontested divorce depends on the complexity of the case and other factors specific to the case. On average, uncontested divorces cost less than contested divorces.
The costs for an uncontested divorce include court filing fees, court costs, and attorneys’ fees. An uncontested divorce lawyer can provide a cost analysis during a consultation when they have an understanding of the circumstances involved in your case.
What Are the Advantages of an Uncontested Divorce?
The primary advantages of an uncontested divorce include:
- Less stress for the spouses
- Uncontested divorces can be completed quickly
- The spouses do not spend as much time since they do not need to prepare for a trial
- May aid in maintaining a better relationship for co-parenting
- Allows the spouses to make decisions instead of a judge
- Less costly than a litigated divorce
The spouses need to be able to work together to agree on divorce terms for an uncontested divorce. In some situations, spouses may disagree on certain issues. With the help of an experienced divorce lawyer, they may be able to mediate the dispute to avoid a contested divorce.
What Happens if an Uncontested Divorce Becomes Contested?
If the spouses cannot reach an agreement through negotiations or mediation, the divorce is contested. The case moves through the discovery phase, which allows the parties to request information and evidence from each other. The parties prepare their cases and go to trial.
At trial, each party presents evidence, testimony, and arguments supporting their position. The judge decides how to resolve the issues and issues a final order. A contested divorce can take up to a year or longer to be finalized. Complex divorces could take even longer.
Contact Chowdhury Divorce Law Group for a Consultation
An uncontested divorce may be the quickest and least stressful way to dissolve a marriage. Contact Chowdhury Divorce Law Group at (703) 271-6519 to learn more about the divorce process in Virginia and how our experienced Fairfax divorce lawyer can help you.
