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.

1. 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.

2. What are the requirements for an uncontested divorce in Virginia?

To qualify for an uncontested divorce in Virginia, you must:

1. Live separately for six months (if no children are involved) or one year (if minor children are involved).
2. Have a signed separation agreement in place (if applicable).
3. Agree on all terms of the divorce, including property division, custody, and support.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.