You both want a divorce. You and your spouse have agreed to all the outstanding issues such as property division, support, custody and visitation, and you want to minimize the strife and arguments and simply go your separate ways. So, what’s the fastest way to do it?
An uncontested divorce means you and your soon-to-be ex-spouse can control the details of the dissolution of your marriage with a minimum of court intervention, delay, and unnecessary costs. While it may be tempting to try to work without lawyers to obtain your divorce, oftentimes two divorcing spouses trying to manage the complicated court process and paperwork without the help of an attorney can cause delay and arguments, and potentially cost you more in the long run.
Working with the experienced divorce attorneys at Kurylo Gold & Josey can make the uncontested divorce process smooth and economical, as we will guide you on the quickest path to obtaining your divorce and help you avoid legal and emotional pitfalls that can derail the process.
What is an Uncontested Divorce in Virginia?
In an uncontested divorce in Virginia, you and your spouse have already worked together to come to agreement on major issues, such as how to divide up debts and assets, take responsibility for the welfare of the children, and other issues and have signed an agreement noting those terms. You do this to avoid the problems that can arise when the courts are involved, and make these important decisions yourselves. This makes the process of divorce much faster, and everyone can move on, while keeping litigation costs low so you can both preserve assets for your future lives. If you cannot agree on a major issue, then the divorce would be contested. This often means a trial in which the judge will make the decisions on all the critical issues. Critical decisions that you will want to reach a consensus on in an uncontested divorce are:
- Division of real estate and personal property
- Division of cash and investment assets
- Payment of debts (mortgages, credit cards, auto loans, student loans)
- Child custody, visitation and support
- Alimony or other forms of support that may be necessary
Your lawyer can help you understand what you and your spouse’s rights are under the law so that you put together a fair and equitable agreement that will be approved by the court, and then work to make sure that agreement is approved by the courts as soon as possible so you and your spouse can go your separate ways.
Who Can File for a Divorce in Virginia
In order to obtain an uncontested divorce in Virginia, at least one spouse must have been a resident of Virginia for at least six months at the time the petition for divorce is filed. The spouse who files for the divorce will act as the plaintiff in the divorce matter, while the other spouse will be the defendant. There is no requirement that a defendant in a divorce matter have lived in Virginia at any point for any length of time. Thus if two spouses were married in Texas, and one spouse moved by herself to Virginia while the other spouse remained in Texas, the first spouse who moved could file for an uncontested divorce six months after she moved to Virginia.
Call Kurylo Gold & Josey For Assistance With Your Uncontested Divorce
At Select Law Partners, we are experienced in Virginia divorce and know that even an uncontested divorce can require a deep knowledge of the law and a full understanding of the court procedures required in obtaining a finalized divorce. We will work with you to make your divorce as painless and fast as possible. Call us for a consultation now, at 540-642-1766.
Matt Kurylo
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