What is an Uncontested Divorce?


Do You Qualify for an Uncontested Divorce?

Half of all marriages end in divorce. While “divorce” is often perceived as a nasty word—and an even nastier process for most couples—it does not have to be that way. When there are significant assets or children involved, some spouses try to seek revenge on their exes. In the end, nobody wins and the process becomes more time-consuming and costly.

Many couples, however, are taking the high road and opting for an uncontested divorce. As the name implies, the split is not contested. Both parties are agreeing to divorce amicably. Children may or may not be involved, but if so, the spouses are agreeing on custody and support issues. If one party is requesting alimony, the other party has agreed on it.

It may sound great, but having two people who no longer want to be married to each other agree to everything is easier said than done. Do you qualify for an uncontested divorce in Virginia? Read on to learn about the eligibility requirements and benefits.

Who can Get an Uncontested Divorce?

Couples who fully agree on every aspect of the divorce may qualify for an uncontested divorce or no-fault divorce. This includes child custody, child support, alimony, and property division. If there are any disagreements about any part of the divorce, then lawyers will likely need to be involved and the divorce ends up being contested. Because of this, many couples with children or complex property division issues will not qualify for an uncontested divorce and a contested divorce will apply.

If both parties agree to everything, a separation agreement may be required. If the parties have property to be divided, child support, custody, spousal support, or debts to be addressed, a separation agreement or stipulation and property settlement agreement may be necessary. An experienced attorney can prepare the agreement for you to ensure that the document will fulfill the statutory requirements under Virginia Code §20-155. Once the parties sign the separation agreement before a notary and the parties have been separated for the statutory period a complaint for divorce can be filed and the agreement will be introduced to the court. Then the other party signs a waiver and acceptance of service. The evidence will be taken by affidavits, depositions or ore tenus hearing and then if everything is in order, a final divorce decree will be entered by the court and the separation agreement will be incorporated into the final divorce decree.

Benefits of Uncontested Divorce

If you and your spouse can agree to split amicably, you will reap many benefits. You will notice that the process is more streamlined. Less back-and-forth of paperwork means that the process moves smoothly and there is less opportunity for conflict to arise. This also means that the process is much quicker, allowing you to move on with your lives sooner.

One of the biggest advantages of an uncontested divorce is a lower price tag. The average divorce costs $15,000 to $20,000 per person. An uncontested divorce drastically reduces the attorney fees and costs. It is possible to get an uncontested divorce in Virginia for well under $1,000.

Start Your Divorce Proceedings Today

If you or your spouse resides in Virginia, or you or your spouse is a member of the military - Armed Forces of the United States and is stationed in the Commonwealth of Virginia and has lived for a period of six (6) months or more in Virginia next proceeding the commencement of filing the divorce, and are looking for a quick, easy, and affordable divorce, look no further than the Virginia divorce lawyers at Liberty Law Group - DivorceByMail.com. We have been providing divorce services for more than 20 years and offer an easy three-step divorce process. You do not even need to visit our office. We can handle everything online or over the phone. Give us call at (757) 333-0599 and we will help you select the services you need.

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