Going through a divorce can be a long and arduous process–but some cases are resolved much faster than others, especially with help from a proficient Virginia Beach divorce attorney. An uncontested divorce in Virginia will generally take much less time to complete than a contested one. When couples can agree on issues concerning the separation, the divorce process can take as little as four to six weeks.
What Is an Uncontested Divorce?
An uncontested divorce is a dissolution of marriage in which both parties agree to end their union amicably and neither of the two disputes the terms laid out in their divorce settlement agreement. This means that any issues related to the divorce, such as asset division and child support, are agreed upon by the couple before their case goes to trial.
Some divorce cases may start as contested–that is, the couple can’t agree on certain resolutions themselves–but later on, become uncontested as both parties work out disputes.
Contested Versus Uncontested Divorces
An uncontested divorce is finalized more quickly than a contested divorce because it doesn’t usually require a trial, discovery, or other time-consuming legal procedures. That said, completion may still take a long time, depending on your state’s rules. Uncontested divorces are also generally cheaper because they go through fewer processes.
Another significant difference between a contested and an uncontested marriage is that the latter is not appealable. This is because both parties consent to the divorce settlement beforehand. However, if circumstances change significantly or a certain time period has passed (depending on state laws and statutes of limitation), couples may be able to modify their divorce agreement.
Eligibility Requirements for Uncontested Divorce in Virginia
To be eligible for an uncontested divorce in Virginia, you must meet the following criteria:
Residency
At least one of the spouses must have resided in the state of Virginia for at least six months immediately before starting the divorce case.
Separation
As in all states, couples must present a legally accepted reason for divorce in Virginia. The state allows both ‘fault’ and ‘no-fault’ grounds. However, if a pair is filing for a no-fault divorce, as is the case for most uncontested divorces, the couple must have lived separate and apart, without sexual relations for at least one year (or six months, if there are no minor children).
Agreement on Issues of Divorce
Before filing for an uncontested divorce, both parties must work out agreements on all issues of their case, which include but aren’t limited to:
- Division of assets and debts
- Spousal support (alimony)
- Child support, custody, and visitation
Mediation may help couples with difficulty resolving these matters, so it’s good to consider hiring a divorce mediator versus a lawyer at the early stages of the separation.
Filing an Uncontested Divorce in Virginia
Here’s a quick guide on how to file an uncontested divorce in Virginia:
Decide on Critical Issues
Outside of the court, the couple must decide on critical issues that concern their marriage. At this point, both parties may wonder if they can divorce without splitting assets or who gets custody of the child. It’s recommended to get help from a divorce attorney to find the right answers and come up with just and lawful solutions.
Gather Relevant Information and Fill Out Required Documents
The pair must gather relevant information about their relationship and fill out any required legal documents to finalize the divorce terms. These include:
- Virginia Marital Settlement Agreement
- Complaint for Divorce Form
- Vital Statistics Form VS-4
- Domestic Case Cover Sheet
- Affidavit of Moving Party in Divorce Proceeding
File for Divorce
To file a divorce in Virginia, either spouse must file a complaint for divorce to serve the other (which will require a reply from the other party called a ‘responsive pleading’), a waiver of service, and an affidavit to testify a desire and entitlement to divorce, along with other relevant legal paperwork.
Attend Divorce Proceedings
The divorcing pair must attend any required proceedings. Some judges may require an oral hearing before formally signing a divorce decree, while others may accept a deposition.
Learn More About Uncontested Divorce
An uncontested divorce is the easiest, fastest, and most affordable way to separate from a spouse, but it entails a prior amicable agreement on certain issues. Contact Coast Virginia Law today to learn more about uncontested divorce from one of our experienced divorce attorneys!