Married couples who wish to file for divorce in Virginia will often have many tough decisions to make. How the marital property will be divided, questions about financial support, and how to establish schedules involving children are all common issues to be resolved before a divorce can be finalized.
When two couples cannot agree on one or more of the crucial matters in a divorce, they will likely have to go through the process of a contested divorce. This type of divorce can be time-consuming and costly. If you and your spouse can come to a mutual agreement on the terms of your divorce, the process can be much simpler and straightforward. This is known as an “uncontested” divorce.
We will discuss what makes a divorce uncontested in Virginia, some common myths regarding uncontested divorces, and why it is important to retain counsel even if the divorce is not particularly contentious.
If you are considering filing for divorce in Virginia, contact the attorneys at Taylor, Taylor & Taylor, Inc. today to set up a confidential consultation with one of our seasoned Virginia divorce attorneys.
What is an Uncontested Divorce in Virginia?
Divorce is never a pleasant process, but some divorces are more emotionally taxing and contentious than others.
In a contested divorce, one party usually initiates the divorce, the other replies, and a court hearing is scheduled. During court hearings, spouses typically discuss a separation agreement. If the two spouses cannot agree on a certain point in the agreement, such as who should get primary custody of the children or how marital property should be divided, the divorce is “contested.” This type of divorce can be lengthy and expensive.
However, spouses in an uncontested divorce usually agree on all the points in the separation agreement, including child support, spousal support, child custody, visitation, debt, retirement, insurance, and the division of marital property. If you and your spouse have already decided that divorce is the best option for your family and have agreed to the terms of the agreement, then your divorce is uncontested. Uncontested divorces are resolved much more quickly than contested divorces and are typically less costly.
As long as the major points of the separation agreement are agreed upon, you have an uncontested divorce.
What is the Process?
The process for finalizing an uncontested divorce is relatively straightforward and will go much faster if you and your spouse are in agreement.
How Long Does an Uncontested Divorce Take?
It is impossible to put a time stamp on any divorce proceeding because every divorce is unique. However, uncontested divorces are generally finalized more quickly than contested divorces, which can stretch on for months.
Common Myths About Uncontested Divorce
Some of the most common myths involving uncontested divorces include:
Both partners agree on all the issues – Never assume that you and your partner agree on every point discussed in the separation agreement. For a divorce to be uncontested, you’ll need to ensure you settle on issues like child support, child support, custody, and more before you initiate the divorce.
A divorce is uncontested if the other spouse cannot be located – If you do not know where your spouse is, your divorce will not be considered uncontested because uncontested divorces imply that you and your partner both agreed to the divorce.
If the divorce is uncontested, my spouse and I only need one lawyer – A divorce lawyer can only offer legal representation and counsel to one party. If the couple genuinely agrees on all issues, one attorney may be sufficient, but an attorney can only advise one person if any problems or disputes arise.
How Taylor, Taylor & Taylor Could Help
Even if you and your spouse are considering filing for divorce in Virginia and you agree on the significant points in the divorce agreement, you should still retain legal counsel to protect your rights and interests. While the divorce may be uncontested, an experienced divorce lawyer can defend your parental and property rights, advocate for your interests in court, and even expedite the divorce process.
The compassionate divorce lawyers at Taylor, Taylor & Taylor understand that getting divorced can be stressful and emotional. In addition to protecting your rights and providing you with sound legal knowledge, our attorneys can also help you speedily resolve your case.
Contact us today for a consultation.