Divorce is a heartbreaking process. The goal should be for it to be as amicable as possible, especially when there are children involved. One way to accomplish this is through an uncontested divorce. This route will save you time and money, along with a lot of stress and hurt. Unfortunately, too many couples make the mistake of navigating through an uncontested divorce without the guidance of an attorney.
What Is an Uncontested Divorce?
In the state of Virginia, spouses with or without minor children can file for an uncontested divorce. In order to do so, an agreement should be reached on all issues including finances and child custody. You also will need proof of having lived separately for one year (six months if you do not have children).
A specific list of issues a judge will expect to be resolved in the instance of an uncontested divorce include:
- Proper division of real estate and personal property
- Division of debt
- Child custody arrangement for as much equal parenting time as possible
- A determined and agreed upon amount of child support and insurance coverage
- A determined and agreed upon amount of spousal support and the duration of payment
Why You Need an Attorney in an Uncontested Divorce
If you are going the route of an uncontested divorce, chances are your relationship with your soon-to-be ex-spouse is at least somewhat peaceful. Despite this, consulting a professional can save you a lot of trouble through the process.
First, an attorney will help you file the correct legal documents. You will have paperwork for both parties, and each party should retain their own individual lawyer. A good divorce attorney will never represent both spouses—you need someone to represent you individually and walk you through the filing process. Failing to file all of the proper paperwork and documents can be stressful and costly.
You should also consult with an attorney to ensure your legal rights are protected. Even when things seem amicable on the surface, your spouse might be taking advantage of you. A family divorce lawyer will notice red flags you may not and will ensure you are getting fair treatment and the best settlement for you.
Finally, using an attorney in an uncontested divorce can help you avoid unnecessary court hearings. It is possible to never have to go to court with an uncontested divorce.
Are You Seeking An Uncontested Divorce In Virginia?
If you are seeking an uncontested divorce please contact our experienced divorce attorneys online or call our Fairfax, Virginia law office at 703.277.2811 to schedule your free consultation. We help clients throughout Washington D.C., Maryland and Virginia and look forward to helping you.