Practice Area
Uncontested Divorce
How to get an Uncontested Divorce in Roanoke
An uncontested divorce is the simplest, most affordable, and least stressful way for married couples to legally separate in Virginia.
This type of divorce works best for spouses who have lived apart for at least six months or one year if they have minor children, have no intention of reconciling, and can agree on all major issues such as property division and parenting arrangements.
In Virginia, couples qualify for an uncontested or no-fault divorce when they have lived separately for six months with a signed separation agreement in place or twelve months if they share minor children, making it the fastest divorce option available under Virginia law.
Both parties have to agree to all terms of the divorce including:
- Property Division
- Child Custody
- Child Support
- Spousal Support
- Child Relocation
If you disagree on any of these issues at all, then you must file for a contested divorce.
Grounds For an Uncontested Divorce in Virginia
In Virginia, there are two types of grounds for divorce: no-fault divorce and fault divorce.
No Fault Divorce:
A no-fault divorce is when neither spouse has committed any wrongdoing.
Fault Divorce:
A fault divorce is where one spouse has committed an act that justifies the dissolution of the marriage. These allegations can include:
- Committing Adultery
- Cruelty
- Felony Conviction
- Abandonment of Marriage
Why should you hire an attorney?
Whether your divorce is contested or uncontested, it’s smart to consult an attorney early in the process. Even in an amicable split, you may be entitled to retirement or pension benefits you don’t know about.
An uncontested divorce saves money, reduces stress, and helps couples co-parent more effectively. It also allows both parties to make their own decisions with greater flexibility than a court order would provide.
Experienced Uncontested Divorce Attorneys
When we take in a new client seeking an uncontested divorce, our first step is to assess whether an uncontested divorce is the right solution for our client. Oftentimes, parties in a divorce think they have “nothing to lose”, or just want it over.
We want to make sure you are not making a snap decision from emotional exhaustion and leaving something on the table, just to get by. We will next assess whether a separation agreement is needed or not, and whether our client wants their name changed.
A separation agreement may be necessary if one party will be paying the other spousal support, or if custody of the children needs to be addressed. It will also be necessary if there is jointly owned marital home. If a separation agreement is necessary, we will draft it. Once the other side signs it, a divorce can be filed. If no separation agreement is necessary, we will jump immediately into creating the filing with the Court.
Digital Uncontested Divorce in Virginia
A digital uncontested divorce is the fastest, easiest, and most affordable way to legally end a marriage in Virginia. By filing online, couples can complete the entire process without ever appearing in court. This modern option gives spouses a simple, stress-free path to move forward while keeping the process private, kind, and efficient.
What are the benefits to a separation agreement?
Separation Agreements are not required in an uncontested divorce. However, without children or assets, you may choose to enter into a separation agreement to reduce the waiting period from one year to six months.
In addition, a separation agreement can address many other issues that might arise including:
- Custody
- Support
- Division of assets
- Insurance
- Pensions
- Retirements
By entering into a separation agreement you can avoid a lengthy and expensive divorce process.
Final Steps in an Uncontested Divorce
Frequently Asked Questions About Uncontested Divorce
What is an uncontested divorce in Virginia?
An uncontested divorce is a legal process where both spouses agree on all terms of the divorce, including property division, child custody, child support, and spousal support. It is the simplest, quickest, and most cost-effective way to dissolve a marriage in Virginia.
What are the requirements for an uncontested divorce in Virginia?
To qualify for an uncontested divorce in Virginia, you must:
- Live separately for six months (if no children are involved) or one year (if minor children are involved).
- Have a signed separation agreement in place (if applicable).
- Agree on all terms of the divorce, including property division, custody, and support.
How long does an uncontested divorce take in Virginia?
The timeline depends on the circumstances, but generally, an uncontested divorce can be finalized in a few months once the separation period is complete and all paperwork is filed correctly.
Do I need a lawyer for an uncontested divorce?
While it is not legally required to hire a lawyer, consulting an attorney is highly recommended. A lawyer can ensure that your rights are protected, help draft a separation agreement, and guide you through the legal process to avoid mistakes.
What is the difference between a contested and uncontested divorce?
In an uncontested divorce, both parties agree on all terms, making the process faster and less expensive. A contested divorce occurs when spouses cannot agree on key issues, requiring court intervention to resolve disputes.
What is a separation agreement, and is it required for an uncontested divorce?
A separation agreement is a legally binding document that outlines how spouses will handle issues like property division, custody, and support. It is encouraged for an uncontested divorce if you want to reduce the separation period from one year to six months or if there are assets or children involved.
Can I file for an uncontested divorce if my spouse and I live in different states?
Yes, you can file for an uncontested divorce in Virginia as long as one spouse meets the residency requirement of living in the state for at least six months before filing.
What are the costs associated with an uncontested divorce in Virginia?
The costs vary depending on whether you hire an attorney and the complexity of your case. Generally, uncontested divorces are more affordable than contested ones, as they involve fewer court appearances and legal fees.
What is a digital uncontested divorce, and how does it work?
A digital uncontested divorce allows couples to complete the divorce process online without appearing in court. It is a convenient and efficient option for couples who meet the criteria for an uncontested divorce.
What happens if my spouse refuses to sign the divorce papers?
If your spouse refuses to sign the papers or agree to the terms, the divorce may have become contested. In this case, you may need to pursue a contested divorce, which involves court hearings to resolve disputes.
Can I change my name as part of an uncontested divorce?
Yes, you can request a name change as part of the divorce process. Once the divorce decree and name change are signed by a judge, you can update your name with Social Security, the DMV, and other institutions.
What should I do if my spouse is hiding assets during an uncontested divorce?
If you suspect your spouse is hiding assets, an uncontested divorce may not be appropriate. You should consult an attorney to investigate and ensure a fair division of property.
What are the benefits of an uncontested divorce?
The benefits include lower costs, faster resolution, less emotional stress, and greater flexibility in decision-making compared to a contested divorce.
Can child custody and support be included in an uncontested divorce?
Yes, child custody and support agreements can be included in an uncontested divorce. Both parties must agree on the terms, which will then be submitted to the court for approval.
If you are considering divorce in the Roanoke, Virginia area, contact Slovensky Law today.