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.
Both parties have to agree to all terms of the divorce including:
If you disagree on any of these issues at all, then you must file for a contested divorce.
In Virginia, a divorce must still be based on some kind of action. This can be no-fault or fault-based:
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.
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.
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.
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:
By entering into a separation agreement you can avoid a lengthy and expensive divorce process.
If you are considering divorce in the Roanoke, Virginia area, contact Slovensky Law today.
Find out if you qualify for an uncontested divorce in Virginia today:
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