An uncontested divorce is the most simple, time-saving and cost-effective way for married parties to go their separate ways in Virginia.
Uncontested divorces are the best solution for divorcing couples that have been separated for a year, (and in some cases, six months), have no hope of getting back together, and are able to agree exactly how to handle dividing their property and handling parenting responsibilities.
How to get an Uncontested Divorce in Roanoke:
In Virginia, an uncontested or no-fault divorce requires parties to live separately for six months (6) with a property division agreement in place, or twelve months (12) if minor children are involved, making it the quickest divorce option in 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.
By getting Slovensky Law involved at the beginning of the separation, we can help you plan out a strategy to assist you in getting to an uncontested divorce, if that is a reasonable goal for your situation.
Why should you hire an attorney for an uncontested divorce?
Whether you will be pursuing a contested or uncontested divorce- we recommend a consultation with an attorney early in the process. Even if you are splitting from your spouse amicably, you may not be aware of pension or retirement benefits you may be entitled to, and what you need to do to claim them.
An uncontested divorce is not only large savings on a legal bill – it’s a much easier process emotionally. Divorcing couples that can agree on everything going forward are more likely to be able to co-parent effectively.
The best thing about an uncontested divorce is that the parties make the decisions for themselves, with a lot more flexibility than what a judge might order if they have to make a final case determination.
An uncontested divorce is not appropriate where a party is hiding assets or being controlled or manipulated by the other party.
Why should you hire an attorney for an uncontested divorce?
Whether you will be pursuing a contested or uncontested divorce- we recommend a consultation with an attorney early in the process. Even if you are splitting from your spouse amicably, you may not be aware of pension or retirement benefits you may be entitled to, and what you need to do to claim them.
An uncontested divorce is not only large savings on a legal bill – it’s a much easier process emotionally. Divorcing couples that can agree on everything going forward are more likely to be able to co-parent effectively.
The best thing about an uncontested divorce is that the parties make the decisions for themselves, with a lot more flexibility than what a judge might order if they have to make a final case determination.
An uncontested divorce is not appropriate where a party is hiding assets or being controlled or manipulated by the other party.
SLOVENSKY LAW
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.
A digital uncontested divorce is the best way to dissolve a marriage quickly, easily, and affordably.
In Virginia, filing for a digital uncontested divorce also means that you do not need to step foot in a courtroom. Digital uncontested divorce offers couples an opportunity to seek a kinder and more peaceful kind of divorce.
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
Custody
Support
Division of assets
Insurance
Pensions
Retirements
By entering into a separation agreement you can avoid a lengthy and expensive divorce process.
Once the divorce is filed with the Court, we will arrange to legally notify your spouse of the proceeding as required by law, and ask them to waive any objections to proceeding.
2
Affidavit is completed
After they waive their right to fight the divorce, you and witness (someone who has known you more than a year) will complete an affidavit (sworn statement) that we provide you to state that you are legally eligible for a divorce.
3
Submission to the Court
Upon completion of the affidavits, we give them to the Court, along with a proposed divorce decree. It is then up to the judge to sign the divorce decree.
4
You are divorced
Once the judge signs the decree, you are divorced. If you also got a name change as part of the divorce, you can go now go to Social Security and the DMV and get new documents with your new name.
If you are considering divorce in the Roanoke, Virginia area, contact Slovensky Law today.
