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Do I Need an Attorney for an Uncontested Divorce in Virginia?

By April 4, 2022Divorce

In the worst case scenario, divorce can be a long, painful, and costly ordeal. 

One way to mitigate some of that discomfort is by filing for an uncontested divorce. There is, of course, some legal criteria that must be met before you can move forward with an uncontested divorce. 

While you do not need to hire an attorney for an uncontested divorce, many people benefit from having someone on their side to explain the complicated legal language and procedures that a divorce can sometimes entail.

If you want peace of mind throughout the divorce process, it’s best to hire a well qualified divorce attorney with years of experience. Our attorneys at Slovensky Law have helped hundreds of Virginians complete their divorce, and we’re here to help.

Who Qualifies for an Uncontested Divorce in Virginia?

In order to obtain an uncontested divorce in Virginia, you and your spouse must agree on the issues most likely to be contentious.

These typically include:

  • Personal property division
  • Assets and debts
  • Child custody 
  • Child visitation 
  • Child support 

If you can’t 100% agree on these or other issues, you must go the traditional divorce route and let a judge decide for you. 

Another hurdle to obtaining an uncontested divorce is to qualify for a no-fault divorce, meaning that there has been no wrongdoing by either party like adultery or abuse, or you are willing to not pursue a fault-based claim if you have one. 

You and your spouse must also have lived separately for at least 12 months prior to the divorce. (This separation period may be abbreviated to 6 months if you don’t have any minor children and you signed a separation agreement.)

Finally, there is a residency requirement: To file for divorce in Virginia, you or your spouse must have resided in the state for at least 6 months prior to filing for divorce.

How to Get an Uncontested Divorce in Virginia

In addition to certain legal requirements, you must also fill out the proper forms and file them by the appropriate deadlines.

To obtain an uncontested divorce in Virginia, you may visit your local courthouse and collect the appropriate forms for a no-fault divorce. 

Some counties may make these forms available online – and in fact, in many cases, an attorney may be able to conduct the entirety of your uncontested divorce online. You will need to complete the forms and submit them along with the appropriate fees to the courthouse clerk. 

At Slovensky Law, our online uncontested divorce process has been refined through the experience of helping hundreds of clients through a divorce. We have learned the ins and outs of many different courts and can use this information to assist you. 

On the contrary, if you have to obtain a traditional divorce with many hearings and meetings, a lawyer is much more likely to charge you by the hour.

Get in touch with our experienced Virginia divorce attorneys today

At Slovensky Law, we know that emotions often run high as a person’s or a family’s future changes forever. And finding the “right” lawyer to help you best navigate these issues can be tricky. That’s why our team is dedicated to helping our client through every step of their divorce process. Contact us today to schedule your first consultation.