You can avoid the expenses of a contested divorce and may be able to obtain it sooner if you file an uncontested divorce in Virginia. However, you should still retain an experienced family law lawyer to protect your legal rights.
What Is an Uncontested Divorce?
In Virginia, spouses with or without minor children can obtain an uncontested divorce. In order to file for one, they must have come to an agreement on issues in their divorce and must have lived separately for at least six months if there are no children and one year if there are minor children. In addition, one spouse must have lived in the district where the divorce will be filed for at least six months. Here are the major issues that must be agreed on before the divorce is filed:
- Division of real estate, personal property, and other assets
- Division of marital debts
- Child custody and parenting time for the non-custodial parent if there are minor children
- Amount of child support and health insurance payments
- Alimony and spousal support payments and the length of time they will be paid
- Any other issues related to the divorce
Three Reasons You Need an Attorney in an Uncontested Divorce
You may be tempted to file an uncontested divorce on your own to save on the cost of attorney fees. However, here are three crucial reasons why you should retain a lawyer.
Filing the Correct Legal Documents
A lawyer will understand the legal forms that must be completed to file your divorce, and the court processes that must be followed. If you try to do this on your own, you may not file the correct documents or make mistakes when preparing them, which can make your divorce take longer and be more expensive to complete.
Protecting Your Legal Rights
Even if you and your spouse agree on the terms of your divorce, you should consult with an attorney to be sure that your legal rights are protected and that your partner is not taking advantage of you. For example, you would probably not want to pay more child support than you are required to under Virginia law. A family law lawyer will know how child support payments should be calculated and can advise you on how much your payment should be.
Avoiding Unnecessary Court Hearings
Your divorce will need to be approved by the judge before it can be finalized. However, you may be able to do this without going to a court hearing. Your lawyer may be able to get your divorce finalized by requesting a divorce through a deposition or affidavit.
Are you planning to file an uncontested divorce? Call our Norfolk office to schedule a free consultation to learn how we can help through the process so that your divorce goes smoothly and you can move on in your new life.