An uncontested divorce is a process in which married people voluntarily agree to part. This option can speed up an unpleasant legal process and significantly reduce the cost of resolving this matter in a court without hiring a lawyer. An uncontested divorce in VA can be associated with avoiding a stressful situation that may arise during legal proceedings.
However, the spouses have to reach an agreement on all contentious issues. The separation will not be considered uncontested if individuals did not achieve any consent on essential matters related to their family. In such cases, a trial is needed to resolve disputed points by a judge.
Any legal divorce in Virginia assumes that at least one of the parties has a US citizenship and has resided in this state for the previous six months. If one of the spouses is a military officer and he or she had to move outside Virginia, this person can also use an uncontested procedure of separation, on the condition of living here previously at least six months before departure.
Also, spouses should agree to the procedure of no-fault separation, meaning that none of the parties accuses the other one of any wrongdoing, such as adultery, cruelty, a criminal case with a prison sentence for one year or more, etc. Living separately for six months or more can also be the reason for the family split as well.
The procedure of Virginia uncontested divorce is possible for couples that have children or do not. The presence of minor children requires a full agreement of the spouses about their custody, alimony, as well as an opportunity to see them. Various important issues must also be resolved, namely:
Divorce cases fall within the jurisdiction of all Virginia County Courts. This procedure requires filling out several forms to file a lawsuit at the place of residence. Ordinarily, these forms include a separation statement, personal information about the spouses, and concluded agreements. If parents have children under the age of 18, other documents are usually needed, such as a parenting plan, alimony agreement, and confirmation of financial solvency.
If spouses decide to do it without a lawyer’s assistance, they take responsibility for providing all the necessary forms and documents to the court. It is important to note that the legal requirements in different counties of Virginia may differ. Therefore, it is better to contact the court staff in order to get more information and advice about how to fill out forms in the correct way.
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Unlike some other states, Virginia courts do not establish any time frame during which the case must be considered and resolved. The spouses may file a petition for the case litigation through testifying under oath and not through court hearings. In this way, separating individuals can avoid numerous court sessions.
Uncontested cases of separation do not require too much time to be considered. However, it depends on the judge’s schedule. If both spouses agree to be divorced but one of them refuses to be present at the court proceedings, the case will still be prosecuted by the judge and the decision will be made quickly. The date when the judge announces the verdict is the date of the final divorce.
Once you make a decision to proceed with the uncontested divorce, you can choose from the two following options: hiring a lawyer who will prepare all documents which could cost thousands of dollars, or hire OnlineDivorcer.com to help you with paperwork. Making a decision to order with us will help you stay under budget and get all the documents needed by the court quickly.
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Download and print out the documents. Sign and file them with the court.